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Home My WebLink AboutO-10582J-89-297 5/15/89 ORDINANCE NO. 1 Q..5 AN ORDINANCE AMENDING SECTION 54-100 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF GUARDHOUSES IN THE DEDICATED RIGHT--OF-WAY PROVIDED THAT THE GUARDHOUSES CONFORM TO THE CITY OF MIAMI'S ENGINEERING STANDARDS FOR DESIGN AND CONSTRUCTION; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Section 54-100 of the Code of the City of Miami, Florida, as amended, generally prohibits structures in the dedicated right-of-way; and WHEREAS, this Section does not adequately address the allowance of guardhouses which can only be located in the dedicated right-of-way; and WHEREAS, it would be in the public's best interest for their health, welfare and safety to permit guardhouses in the dedicated right-of-way; and, WHEREAS, the City desires to permit guardhouses in the dedicated right- of-way; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 54-100 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: l/ "Sec. 54-10. Established. Base building lines are hereby established for the purpose of assuring that sufficient space occurs between the street fronts of buildings and structures; to provide for natural light and circulation of air; to lessen the adverse effect resulting from fire, floods, tornadoes, and hurricanes; to provide for access for fire -fighting apparatus or rescue and salvage operations; to facilitate provisions for traffic, transportation and circulation, and to promote safety, health, amenity and general welfare within the city. No building, structure, or part thereof, shall be erected, structurally altered, enlarged or extended beyond the base building lines established by this article with the exception of encroachments or temporary structures which are specifically permitted by the South Florida Building Code or this chapter. PaFthe~ r- Restaurant arcades on Flagler Street between the Miami River and Biscayne Boulevard are allowed by revocable permits granted by the city commission en FlagleF st-Feet btwees theme �vsiveand—sv•ce,s�� after approval by the city manager and recommendations by the director of public works, the director of planning, and the director of fire, rescue and inspection 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. H -9 11CC)0-1 services. In addition, guardhouses are permitted by revocable permits granted by the city commission after approval by the city manager and recommendations by the director of public works, the director of planning, the director of fire, rescue and inspection services, the director of police and the director of solid waste. All of the foregoing recommendations are to be based on factors of safety, liability protection, accessibility and maintenance of public and private property. All guardhouses to be located in the dedicated right-of-way shall not exceed 100 square feet and must conform to the City of Miami's Engineering Standards For Design And Construction, adopted by the department of public works. Final design plans must be submitted to the required departments and the city commission for review and approval before a revokable permit will be granted for a guardhouse in the dedicated right-of- wa . " Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 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 hereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 13th day of April , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this llth day of May , 1989. A ST- MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ADRIENNE L. FRIESNER ASSISTANT CITY ATTORNEY ALF/dot/bss/M477 APPROVED AS TO FORM AND OORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY - 2- 1 0 92 1,., ;J PAi -3 !.�? ;I l: ( i 1 MIAMI REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the 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 NOTICE OF PROPOSED ORDINANCE ORDINANCE AMENDING SECTION 54-100 In the ....... X, . X.. X ........................ Court, was published in said newspaper in the Issues of April 28, 1989 Alflant further says that the said Miami Review Is a newspaper published at Mlaml 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 mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the Iirat Iicatlon of the attached copy of advertisement; and afflent f rt er eays that she has neither paid nor promised any person fl or corporation any discount, rebate, commission or ref for the purpose of securing this advertisement for public n in the said newspaoer. WWII �OTvF -- i $ A t s scribed before me this ay of Apr ,. 89 .. D. 19.. g... / . ,I gtary' P lic Slate of Fe or da at Large (SEAL) PLOR011 dulymy My Comm tz�s''9, 1990. MW G 5X �R��U��MQ,y1so�n 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. Ferbeyre, who on oath says that she is the Supervisor 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. 10582 In the....... ......... ............ Court, was published in said newspaper In the Issues of May 25, 1989 Affiant 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 ppublished In said Dade County, Florida each day (except 5eturday, Sunday and Legal Holidays) and Gas been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the if at publication of the attached copy of advertisement; and afffant further says that she has nei er paid nor promised any perso , firm or corporation an sco t, rebate, commission or u for the purpose o wring this advertisement for p Ii ti n.,in the said nowAamer, I _ n 44'14>�nttscrfbed before me this 2 5..., oN. ?'�.a,Y. , �9.. A.D.19. $ �'�-�- ..... , . �►®<krRCheryl It Marmer Notary 011c, StateW Florida at Large (SEAL) �v a L\ My Comrrl Aj*; %xpires April 1! 1pl9� MR114 OF F 10" %%%' ��i�riitttolu►��` Cr7: i C . AN ORDINANCE OF,THEsJCITY CF- FOR THE CONSTE IN THE, DEDICAI GUARDHOUSES ENGINEERING St ': PROVlnlNA Flip d V1.NV0C, _. 4+ni :. y 5� .:. •, '9 7 Pl a 3t 1 ORDINANCE AN ORDINAtJCErAMENDING SECTIO60151 '+NO,A0484, ADOPTED SEPTEMBER=271A1981 APPROPRIATIONS.ORDINA,NGE FOR',THE`FISCAL,A SERTEMBER 30, �1989, BY;INCREA' ' THE'APPR( IN`THEIJNTERNAL,SERVICE FUND, GENERAL! ADMINISTRATION; FLEET: MAN'A, GEMENT, BYE INCREASING REVENUES'IN THE SAME AMOUNT,t 1. OF��$92Zi000rFROM�CERTIFICATt OF PARTICIPATE AND $2{973,280`FROM UTILITY SERVICE TAXE3,.C! A REPEALER PROVISION AND A SEVERABILITY OI `ORD)NANCE NO.A6684�� ' AN-ORDINANCEAMENDINia;SECTION 1 OF`ORbll 10521;�AS'AMENDED,-A060TED" NOVEMBER"i1 OCAPITAL IMPROVEMENTS^APPROhRIATIONS',ORbi' ESTABLISHING "A,NEW ;P.ROJECT,' ENTITLED; "PR SPECiAL;OBLIGAT,ION BONA EXPENSE FY't38", PF 311013 IN.THE AMOUNT OF;$140,000;APPROpR1A1 IN SAID.;AMOUNT, FOR 'SAID P..,ROJECT�?F' - PROC'EFbS;.CONTAiNiNG A REPEALER PROViI SE1/ERABILI7Y.CLAIfSE ORDINANCE NQ 10886 ,tea R, A , ORDINANCE AMENDING SECTION 1 OF ORDIN) ADOPTED JULY; 14;;1988,.B.Y .IN,CRE`AS AF ,ROP,R►ATION;TO THE,SPECiAL.REVENUE FUNI ' P 7ITLE.IIOLDER,WORKER;tFY'89)""3Y4800 INCREASING THE;APP,HOPRIATION;`FOR SA'II REVENUE,;.FUND;':TO';$21,100,,,ALSO °INCREA APPROPRIATION TO:THE.SPECIALREVENUEFUNi TPA TITLE' iIA/NEI,GHBORHOODS'J06S'PROGR, BY°$51;617;; THEREBY'INCREASING,THL APP.ROPRI SAID,;SPECIAC REVENUE: FUND. TO $543;457 OpERATiON OF THE.NEIGHBORHOODS JOBS PRC ORDINANCE NO.16588 11, AN;',ORDINANCE AMENDING' SECTION 1 OF ORDII 10F21, AS,'AMENDED, ADOPTED,NOVEMBER.,i7; CAPITAL.i.MPROVEMENTS`APPRQPRIATIONS, ORDI ESTABLISHING A';NEW PROJECT.ENTITLED"!'HAI -:POOL REPLACEMENT'; PROJECT NO: 331349 iN;TI OF $2,100,000; APPROPRIATING FUNDS IN SAII F..O.R SAID:;PROJECT';FROM',PROPOSED:ISSUA* OF" MIAMI; FLORIDA' GUARATEED .ENTITLEMEN' ,BONDS, SERIES 1989;.CONTAINING A REPEALER. A AND SEVERABILITY.CLAUSE. " ORDINANCE NO A0587 AN EMERGENCY,WiNANCE, AMENDING SEC' ORDINANCE N ' 10521, ADOPTED"NOVEMBER 1, AMENDED;:;THE-,CAPITAL iMPROVEMENTr`AFPRC ORDINANCE,.BY-INCREASiNG APPROpRiATIOp PROJECT ENTITLED "COCONUT.GROVE„EXHIBITIC —'RENOVATION, &,EXPANSION",.PROJECT. NOc. THE AMOUNT OF $300,000, FROM THE CONTRIBU' M,IAMi`;SFORTS `AND,EX,HIBITION AUTHORITi IDENTIFYING THE CiTY'$ $2,000,000 CONTI _CONTAINING'A REPEALER PROVISION AND A 90 _CLAUSE ORDINANCE NO:`i0586' AN: EMERGENCY ..ORDINANCE "ESTABLISHING;. REVENUE FUND: ENTITLED,'.';1889 BUDWEISER REG APPROPRIATING :FUNDS' FOR SAME`AN THE `Ai $63,000 FROM,A $50,000 GRANTFROM METROPOL COUNTY TOURIST DEVELOPMENT; TAX REVENUE, 'PURPOSE OF`';PROMOTING AND_PRODU,CiNG' ANNUAL" BUDWEISER UNLIMITED HYDROPi-ANE R BE.;HELDJUNE2 3 AND 4, 1989 AT-THE,MARINI FROM A $9,000 CONTRIBUTION FROM.THE,MIAI AND.EXHIBITION AUTHORITY FOR:'RENTAL,OF, .t3F :SAID EVENT;, FROM :A _$2,000` C_ONTRIBUT'11 ANHEUSER-BUSCH; INC.; FOR OUTDOOR ADVERT SAID EVENT; AND ,`FROWA $2,000 CONTRIBUT EAGLE BRANDS; aNC, FOR PROMOTINGt,SAI 'CONTAINING A�REPEALER PROVISIQN'AND'SEN CLAUSE;,, Said ordinances may be inapeoted by the public at tt the Clty Cisrk; •3500; Pan American. Drive, MlaW, Florh through Friday, excltidinp holidays, between the;.hg6ist� and'&QO MATTY HIRAI CITY CLERK, 5125 MiAMI, FLORIDA, 8E 0 CITY OF MIAMI, FLORIDA 1 INTEROFFICE MEMORANDUM TO : Cesar H. Odio DATE : April 26, 19898 FILE : A-89-165 City Manager SUBJECT : City Commission Agenda of May j 11, 1989 f-• Ordinance Permitting Guardhouse FROM : JO ge L. Fernandez REFERENCES: in the Dedicated Right -of -Way City At rney ENCLOSURES Attached hereto is a revised ordinance amending S54-100 of the Code of the City of Miami, Florida, as amended. Subsequent to its adoption on first reading at the meeting of April 13, 1989, the following modifications have been made: 1) The maximum size of the guardhouses has been reduced from 125 square feet to 100 feet in area. 2) Recommendations must also be obtained from the directors of the police and solid waste departments. 3) The recommendations of the directors are to be based on factors of safety, liability protection, accessibility and maintenance of public and private property. 4) The guardhouses must conform to the City of Miami's Engineering Standards for Design and Construction which are adopted by the Department of Public Works. ALF/JLF/dot/P183 cc: Xavier L. Suarez, Mayor Victor H. De Yurre, Vice -Mayor Miller J. Dawkins, Commissioner Rosario Kennedy, Commissioner J. L. Plummer, Commissioner Aurelio Perez-Lugones, Legislative Administrator Erno Rosa, Acting Director, Public Works Department James J. Kay, Chief Design Engineer t()5142 APR- 15- e 9 WED 1 5: S 9 LAW D E P T P. 0 T CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ro Aurelio Perez-Lugones DATE April 4, 1989 r'►r. fjogielative Administrator suaUECT . Proposed Ordinance Permitting Guard Rouser , _.�..,_.,..,� In the Dedicated FROM J rge L. F t nandez AERERENCES Right -of -Way City Attior ey - ENCLQSUMIS t1 Attached hereto is a revised proposed ordinance permitting guard houses in the dedicated right -or -way. Please distribute this ordinance in lieu of the ordinance sent to you on March 30, 1989. -7t,r/Ar,F/dot/M139 cc: Brno Rosa, Acting Director Department of Public Works 1 1.092 4 S7-1 Submitted it '� the public record in connection wit itean on April 13, 1989 � sYTPM #37 at Al AN ORDINANCE AMEND XXW1,ON 54-100 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF GUARD HOUSES IN THE DEDICATED RIGHT-OF-WAY; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Good morning, Mr. Mayor, Mr. Vice Mayor and Members of the Commission. My name is Walter Pierce and I reside at 684 N.E. 75th Street, in the City of Miami and, to be more specific, within the Belle Meade neighborhood. With me are several neighbors who have taken time from their jobs and other affairs to be here today to show how important this issue is to our neighborhood and perhaps the entire City. On March 23, 1989, the City Commission, at the request of residents of Belle Meade Island, passed a resolution authorizing the location and construction of a concrete block structure guard house within the public right-of-way at the northeast end of the Belle Meade Island bridge. Later on today's agenda, Item #91, my neighbors, residents of Greater Belle Meade, will be seeking a similar resolution for a guard house to be located in the right-of-way of N.E. 76th Street, east of N.E. 6th Court. During discussion of the Island's proposal, it was determined that the City's Code prohibited the construction or placement of any structures within the public right-of-way. Chapter 54-100 of the City Code presently reads (in part): No building, structure, or part therof, shall be erected, structurally altered, enlarged or extended beyond the base building lines established by this article with the exception of temporary structures which are specifically permitted by the South Florida Building Code or this chapter. This item, #37, is the amendment the Commission requested the Law Department draft to permit guard houses in the public right-of-way throughout the City. This amendment simply states that "...guard houses no larger than 125 square feet are permitted..." in the right-of-way. If such is the duly established policy of the City, we will not take issue with that policy but we are concerned as to the implementation of that policy. My purpose here today, at this moment, is not to object to any specific guard house but to urge the City Commission to take no action on this item today. The reason for urging "NO ACTION" is simple. It is my opinion and position, and several of my neighbors' opinion and position, that this amendment or revision to the Code is not ready for Commission action at this time. L It must be emphasized that approval of the proposed ordinance is a major public policy decision in the area of planning that should be made only after careful consideration of all relevant factors. The decision of whether to allow guard houses in the right-of-way is only a first step. How they are allowed is quite probably deserving of more careful consideration. Our foremost objections to the proposed amendment have to do with its glaring lack of standards and/or criteria: There are no guidelines or criteria for architectural control. What will be the appearance of the the various guard houses City-wide, how will they look and will they blend and be compatible with the design style of the neighborhoods in which they will be located? There are no guidelines or criteria for landscaping. What kinds of plant material is needed and what will be its effect on a motorist's or pedestrian's visibility? There are no guidelines or criteria for citing or placing guard houses. At the begining of a block, in the middle or at the end of the block? Maybe a guard house can be placed just outside a neighborhood? How does the placement of a guard house possibly affect an individual home owner whose view, rJ -'4 vision and access might all be impacted negatively? 00 U There are no guidelines or criteria for reservoir or stacking y,spaces. Should a guard house have reservoir spaces for 10, R' 0 d:,20, 30 or 100 cars to wait for clearance to enter the 0 *. v neighborhood, without interfering with other vehicular ' a) p traffic? Or should reservoir spaces equal to a percentage of 0 r. 0 the homes in the neighborhood be required and what would that N o percentage be? 10 �r p There are no guidelines or criteria as to liability. Will the City of Miami be liable for damages since the City gave its blessings to guard houses? Or will Dade County be liable ,q v because it creates the special taxing districts, administers the districts and builds the guard houses? Or will the collective property owners in a taxing district be liable since they initiated the requests for guard houses? Or will it be all three entities? Is the single criterion contained in the proposed ordinance too permissive? Though 125 square feet, in a relative sense might appear small, such a structure size should be viewed only in the context of a stanard 25-foot width half (or 50' width full) right-of-way. When that 25' is already occupied by 5' of sidewalk, 9' of side parkway, 1' of curb and gutter and 15' of asphalt paving, where does one place a guardhouse when it can practically be anywhere from 10' x 12.5' to 5' x 25' or who knows what other strange configuration? It seems that a maximum size of 70 square feet would be more than 1..0-sqz adequate. It is not simply that standards and guidelines are lacking; there are no guidelines or standards at all. It is really difficult to accept the possibility of this City being more restrictive in regulating "drive-in" type uses on private property than the City will be in treating its public thoroughfares, an area where the City cannot afford to be lax due to the great potential for harm to the public welfare. We do not believe this item is ready for a City Commission vote. If a vote is taken, it should not be for anything but deferral for further study by the appropriate City staff professionals; it Is certainly not ready for an affirmative vote. Has this proposed ordinance been reviewed by Public Works, Planning, Building & Zoning or the Planning Advisory Board? Since it is a planning issue, shouldn't these agencies of the City should be afforded the opportunity to perform the tasks for which they were created. one final question. Does the proposed amendment, simply by stating that guard houses are allowed, override the South Florida Building Code (SFBC)? Chapter 36 of the SFBC is quite clear in stating that only temporary structures, marquees and other minor encroachments are permitted in the right-of-way while it is silent on other permanent type structures. Has the legal staff considered a possible conflict between this amendment and the SFBC? Thank you. Submitted into the public record in connection with item I? on 4 ' 13.. 99 . N-Tatty Hirai City Clerk 1 U.5 s;z