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HomeMy WebLinkAboutO-10556J-89-178 2/14/89 ORDINANCE NO. I 0 ].%(i AN EMERGENCY ORDINANCE AMENDING SECTION 54-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REMOVING THE RESTRICTION WHICH MANDATES THAT STREETS BE CLOSED TO VEHICULAR TRAFFIC AT INTERSECTIONS ONLY; PROVIDING FOR RETROACTIVITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Chapter 54 of the Code of the City of Miami, Florida, as amended, establishes criteria and standards for the regulation of certain activities on streets and sidewalks within the public right of way; and WHEREAS, Section 54-17 of the Code of the City of Miami, Florida, as amended, specifies that prohibition of vehicular access to a particular street shall occur at the street intersection; and WHEREAS, prohibition of vehicular access to certain streets within the City has previously been approved for closure on a temporary basis at the zoning district boundary line; and WHEREAS, in order to avoid forced access by residential users through a commercially zoned district, it has been determined that the point of closure can occur at the zoning district boundary line; and WHEREAS, it is necessary to modify or clarify certain provisions of the criteria and standards set forth in Section 54-17 of the City Code; and WHEREAS, the City Commission deems that it is in the best interest of the public to modify or clarify these provisions without delay; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 54-17 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following partioulars:l/ "CHAPTER 54 STREETS AND SIDEWALKS Sec. 54-17. Prohibition of vehicular access. (a) The Commission shall have the power, after a properly advertised public hearing, to require that vehicular access to a particular street be prohibited ab an tnberseattan where such prohibition is found to be in the best interest of the public. 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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 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 and to generally carry on the functions and duties of municipal affairs. Section 5. The requirement of the reading of this Ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. Section 6. This Ordinance shall become effective, retroactive to January 1, 1989, immediately upon adoption pursuant to law. PASSED AND ADOPTED this ATTEST: CITY CLERK 23rd day of F bruaryooe!, 1989. V� VIER L. SUA 7-Z,MAYOR Words and/or figures stricken through shall be deleted. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 105S6, PREPARED AND APPROVED BY: jwtL E . MAXWELL A4 TSTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY JEM/db/M457 -3- 1 0556jr ` CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission =ROM ' SIN Cesar H. Odia '. J City Manager RECOMMENDATION: GATE FILE SUBJECT Emergency Ordinance Amending City Code Chapter 54 Streets and Sidewalks ;EFERENCES ENCLOSURES It is respectfully recommended that the City Commission adopt, the attached emergency ordinance amending Chapter 54 of the City Code entitled "Streets and Sidewalks" by amending Section 54-17 which sets forth criteria for the prohibition of vehicular access to City streets. BACKGROUND The Department of Public Works has ,determined that prohibition of vehicular access to a particular street should be allowed to occur at locations other than the street intersection. Section 54-17 (a) of the City Code specifies that vehicular access to a particular street be prohibited at an intersection where such prohibition is found to be in the best interest of the public. There are many cases where such prohibition at an intersection would be inconsistent with private property access requirements set forth in the City Code and City Zoning Ordinance. For example, residential properties could- be left with only one access route through a commercially zoned district. This condition is not desirable and in fairness to residential users should not be mandated. It is also possible that prohibition at an intersection could result in commercial users being forced to access through a residential district. This activity would be in violation of the City Zoning Ordinance. There are several items pending regarding prohibition of vehicular access at locations other than street intersections. The City Commission has taken action on the closure of several streets in North Coconut Grove which are presently under study for vehicular access restrictions. It was determined through the public hearing process that some of these streets should be closed to vehicular access at the zoning district boundary line rather than the street intersection. A similar vehicular access 10556, Honorable Mayor and Members of the City Commission restriction is being considered on a permanent basis at S.W. 33 Avenue south of S.W. 21 Street adjacent to a large commercial development known as Miracle Center. In this case, the proposed closure is to also occur at the zoning district boundary line. The immediate adoption of this ordinance is necessary so that these closures can remain within the provisions of the City Code. The proposed amendment would allow the City Commission to determine whether or not the• prohibition to vehicular access at any location on a City street is in the best interest of the public. If it is determined that the prohibition should occur at a location other than the intersection, then "T" type turnarounds would be constructed on both sides of the point of closure. 10556, A 1111y -3 "iT ji f i1, i I..li.. 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 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, F1, ORDINANCE NO. 10550 In the ............. ............................ Court, was published in said newspaper in the Issues of April 28, 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 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 "'at publication of the attached copy of advertisement; and aft , fur r says that she has neither paid nor promised any Par. r or corporation any discount, rebate, commission or raf d or the ur ose of securing this advertisement for public tI \ wspeper. (ZY ", r ^,I i Sr i w n d a ad before me this z, of 19.R9... ctelme V. Farb re F�ORION iaot Public, State of Fill da at Large (SEAL) My Commission expires July 9, 1990.