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HomeMy WebLinkAboutO-09897J-84-641 7/19/84 ORDINANCE NO. 9 8 9 7 AN ORDINANCE AMENDING THE ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANS- PORTATION CORRIDORS ATLAS OF THE CITY OF MIAMI BY DESIGNATING THE RIGHT-OF-WAY OF CORAL WAY (S.W. 22ND STREET AND S.W. 3RD AVENUE) FROM I-95 ON THE EAST TO SOUTHWEST 37TH AVENUE ON THE WEST, AS A SCENIC TRANS- PORTATION CORRIDOR; MAKING FINDINGS; AND MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 37, 38, 39, 40, 42, 43 AND 44 OF SAID ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the Miami Heritage Conservation Board, at its meeting of March 20, 1984, adopted Resolution No. HC-84-12 requesting the Planning Department to initiate action to desig- nate Coral Way as a Scenic Transportation Corridor; and WHEREAS, the Miami Planning Advisory Board at its meeting of June 20, 1984, Item No. 6, following an advertised hearing, adopted Resolution No. PAB 57-84, by a 7 to 0 vote, RECOMMENDING APPROVAL of this designation, as hereinafter set forth; 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 grant this Scenic Transportation Corridor designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI; Section 1. The Official Atlas of Environmental preser- vation Districts and Scenic Transportation Corridors of the City 1 of Miami, Florida, is hereby amended by designating the area within the public right-of-way of Coral Way (S.W. 22nd Street from S.W. 37th Ave. on West to S.W. 12th Avenue on the east, and S.W. 3rd Ave. from S.W. 12th Ave. on the West to I-95 on the East) as a Scenic Transportation Corridor. Section 2. This Commission hereby finds that the large Banyan trees in the median of Coral Way provide an extensive tree canopy and gives the roadway -area of Coral Way, as described above, a unique landscape character of substantial environmental importance to residents of the City of Miami as well as its visitors. Section 3. Pages numbered 37, 38, 39, 40, 42, 43 and 44 of the City of Miami Atlas of Environmental Preservation Districts and Scenic Transportation Corridors are hereby amended to reflect the changes made necessary by this designation. Section 4. All ordinances, Code Sections, or parts thereof in conflict are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY THIS 31st day of July , 1984. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY THIS 20th day of September , 1984. Maurice A. Ferre Maurice A. Ferre, Mayor ST: RALAM G. ONGIE CITY CLERK PREPARED AND APPROVED BY: Aad ? • io­-- E. MA WEL ky' STANT CITY ATTORNEY 1, Ralph G. Ongie, Gerk 01' file City of �u,s, cluri�t APPROVED AS TO FORM AND CORRECTNESS: hereby certify that on the.... ,% d y of.....&, A. D. 19...'—?.L/ a full, true and correct copy of the aboi 04 and foregoing ordinance vvas posteall at tha sot!t't i),11 R -p• SA of the Da CITY ATTORNEY for JEM/wpc/ab/300 Icity, this"...�7 � of... ��. � ... U. pity, iCler _ 2 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO- Ralph G. Ongie DATE October 10, 1984 FILE City Clerk G FROM: E. •ll As stant City Attorney d SUBJECT: Typographical Error - - Ordinance No. 9897 Passed and Adopted by City Commission on Second and Final Reading September REFERENCES:20, 1984. J-84-641 ENCLOSURES: It has cane to our attention that there is a typographical error in the street address in Section 1 of the subject ordinance. The fifth line of Section 1 presently indicates the Western boundary of the designated scenic transportation corridor as "Southwest 112th Avenue. . . . " It should read'Southwest 12th Avenue." Instead of having you wite-out the error on your document, I have sent you a new original front page to replace the incorrect one now in your file. 'This new original front page should be substituted for the one you now have for Ordinance No. 9897. The change indicating 12th Avenue instead of 112th Avenue is the only change on the document. Please call, if you have any questions. JEM:is cc: Lourdes Slazyk Assistant to Heritage Conservation Board Planninq Department M P7 CITY OF MIAMI. FL-ORIDA INTER -OFFICE MEMORANDUM TO Howard V. Gary DATE July 3, 1984 FILE. City Manager SUBJLCZ ORDINANCE - RECOMMEND APPROVAL SCENIC TRANSPORTATION CORRIDOR RIGHT-OF-WAY OF CORAL WAY ure o E. erez ug nes REFERENCES: Director COMMISSION AGENDA - JULY 31, 1984 Planning and Zoning Boards ENCLOSURES PLANNING AND ZONING ITEMS Administration Department It is recommended by the Planning ' Advisory Board that the designa- tion of right-of-way of Coral Way (SW 22nd7treet and sw Jr�Ic _ Avenue) from I-95 on the east to SW 37 Avenue on the west as a Scenic Transportation Corridor be approved. The Planning Advisory Board, at its meeting of June 20, 1984, Item 6, following an advertised hearing, adopted Resolution PAB 57-84 by a 7 to 0 vote, recommending approval of amending the Environmental Preservation Districts and Scenic Transportation Corridors Official Atlas, pages 37, 38, 39, 40, 42, 43 and 44, by mapping a Scenic Transportation Corridor comprising the right-of-way of Coral Way (SW 22nd Street and SW 3rd Avenue) from I-95 on the east to SW 37th Avenue on the west as a Scenic Transportation Corridor as referenced in City Code, Chapter 17 Environmental Preservation, Section 17-6 Environmental Preservation District. Two opponents present at the meeting; twenty-eight proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL •�1���,,'°�i'�� ` ?r+-�� :''�p".;rwf�►'4�t1��h3Mj�;Y*�'`',� .. .. -.� Y�.#ie.�rar,��t•'�+.�-:r1 r 00, PLANNING FACT SHEET PAB MEETING OF June 20, 1984 APPLICANT •, City of Miami Planning Department: May 1, 1984 PETITION 6. Consideration of recommendation to designate the right-of-way of Coral Way (SW 22nd Street and SW 3rd Avenue) from I-95 on the east to SW 37th Avenue on the west as a Scenic Transportation Corridor pursuant to Chapter 17 of the Miami City Code. - REQUEST To designate the public right-of-way of Coral Way (SW 22nd Street and SW 3rd Avenue) from I-95 to Douglas Road as a Scenic Transportation Corridor. BACKGROUND On March, 20, 1984, the Heritage Conservation Board held a public hearing concerning a proposal by the Florida Department of Transportation to remove several banyan trees from the median of Coral Way and to trim all others to an under -story height of 18 feet. The HC Board recommended against any tree removal and adopted Resolution HC-84-12 requesting the• Planning Department to initiate actions to designate Coral Way as a Scenic Transportation Corridor. ANALYSIS Section 17-6 ,(B)(3) of the Miami City Code provides the following criteria for designation of a Scenic Transportation Corridor: "those roadway areas which have a unique landscape character and extensive tree canopy and are of substantial environmental importance to the residents of the City as well as to visitors." The large banyan trees in the median of Coral Way make this street unique among all major thoroughfares in the City of Miami. The special aesthetic and environmental character created by these trees have contributed to the increased property values and development along this corridor as well as to the enjoyment of area residents and visitors. The boundaries of the Scenic Transportation Corridor are proposed to include only the area within the public right-of-way, since this incorporates all principal landscape features �:k. 's��H:. :N,C Ah .. Wit.: • +y_.. . _.. � . ..���� h �!f"�3••. • "'t�`^!�:`�' l:�t:;y,`•, -- RECOMMENDATIONS PLANNING DEPT. HERITAGE CONSERVATION BOARD which create the special environmental character of the corridor. The length of the Scenic Transportation Corridor should be Coral Way (SW 22nd Street) bounded on the west by Douglas Road and on the east by SW 12th Avenue and SW 3rd Avenue bounded on the west by SW 12th Avenue and on the east by I-95. The effect of this designation would be to require a public hearing and approval of the Heritage Conservation Board prior to a City permit being issued for removal of any tree(s) within the median. Approval. Approved by a vote of 5 to 0 ( HC-84-12 ) at the •meeting of March 20, 1984. PLANNING ADVISORY BOARD At its meeting of June 20, 1984, the Planning Advisory Board adopted Resolution PAB 57-84 by a 7 to 0 vote, recommending approval of the above. CITY COMMISSION At its meeting of July 31, 1984, the City Commission passed the above an First Reading. 98 LeLEJ!Hi� ®;ia EE30 aEII EH[QIDm ©©®a C®©©�- ; C � pip �, t2ea �ST_ ,CLOD0i Cl ®® �l ©[1 ® a u,1 �i ND �:� ac�oo �C ®©moo > p O N o, ©®®®Cc�CCoQl O O` C= a�D L 1Li:] _®C PROPOSED SCENIC TRANSPORTATION CORRIDOR - C .PROP - �s - �,� �...■■.e�.rr..�■ •.� cry!!.. ■■ �■ .■ 1 Fzni ■■■ � ► ���. � • �!►� _ -I' � � � � 11111. 1� 11111111, 1� 1 � ■ � � , I / 1IRM t771 �IR FTIM � CORAL WAY Proposed Scenic Transportation Corridor INCLUDES PUBLIC RIGHT-OF-WAY ONLY W r 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 30 31 35-1127-84 ., 1 r~ L r A bill to be entitled E...� An act relating to the designation of state historic highways; designating Coral Way in Dade County as a state historic highway; providing a definition; providing restrictions on the removal of trees from said highway; restricting alterations to the physical dimensions or location of the highway; providing for a public meeting prior to the removal of trees under certain circumstances; providing for the erection of suitable markers; providing an effective date. WHEREAS, in 1929 Mr. A. D. Barnes, an employee of, Dade County, undertook the project of beautifying the then barren and undeveloped roadway from SW 15th Road to SW 37th Avenue known as Coral Way, and WHEREAS, on Independence Day, 1929, the first banyan trees were planted on both sides of Coral Way, thereby establishing the first use of ficus trees as a continuous roadside landscape design in South Florida, and .WHEREAS, in 1938, when the streetcar tracks were removed from the median of Coral Way, the banyan trees were relocated to a continuous median landscaping thereby creating the unique character, form, and scale of Coral Way, and WHEREAS, it is the finding of the Legislature that Coral Way should be preserved in order that present and future residents of Florida may enjoy its benefits, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: 1 CODING: Words ir, sawek s6eoti► type are deletions from existing law; words underlined ate additions. I 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 1S' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 35-1127-34 Section 1. As used in this act, "Coral Way" means those portions of Coral Way and 3rd Avenue located between SW 37th Avenue and Interstate 95, in Dade County. Section 2. Coral Way is hereby designated as a state historic highway: No state funds shall be expended by any public body or agency for any of the following purposes: (1) To cut or remove any tree having a diameter at its thickest part in excess of 6 inches within 35 feet of either side of the paved surface or the median.of Coral Way, or to. engage in an activity which requires the removal without replacement of such a tree; (2) To alter the physical dimensions or location of Coral Way except for the addition of primary or secondary roads intersecting the limits of Coral Way. Nothing in this act shall be construed to prevent the ordinary maintenance and repair of Coral Way, provided the physical dimensions and location of Coral Way are preserved, nor to prevent any work that is necessary for the public health or safety as determined by the agency having jurisdiction over the portion of Coral Way involved. However, the preservation of Coral Way and the median landscaping take priority over considerations of traffic management, and the public safety shall not be construed to require alterations in Coral Way or the median landscaping when alternative means of promoting safety, including more restrictive traffic regulations, are available. Section 3. Prior to the performance of any work necessary for the public health or safety that requires removal in its entirety of any tree within the median of Coral Way, the agency having jurisdiction over the portion of Coral 2 CODING: Words in ssr*4 rh-Fou9h type are deletions from existing low; words undo�rlinodd are additions. 35-1127-84 1 Way involved shall hold an advertised public meeting to 2 present findings of fact necessitating said work and removal 3 of trees. 4 Section 4. The provisions of this act shall' not 5 supersede a more restrictive law, ordinance, or regulation 6 already in effect or taking effect after the effective date of 7 this - act. s Section S. The Division of Archives, History, and 9 Records Management of the Department of State shall provide 10 for the erection of suitable markers on and along Coral Way. 11 Section 6. This act shall take effect upon becoming a 12 law. 13 14 15 16 17 is 19 20 21 22 23 24 2s 26 27 28 29 30 31 3 COOIN;: Words in s;wck shoeugh typo are dolotions from existing low; words under rlined are additions. -1 3 35-1127-84 1 Way involved shall hold an advertised public meeting to 2 present findings of fact necessitating said work and removal 3 of trees. 4 Section 4. The provisions of this act shall'not 5 supersede a more restrictive law, ordinance, or regulation 6 already in effect or taking effect after the effective date of 7 this - act. 8 Section 5. The Division of Archives, History, and 9 Records Management of the Department of State shall provide 10 for the erection of suitable markers on and along Coral Way. 11 Section 6. This act shall take effect upon becoming a 12 law. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 CODING: Words in -+.w.k ths+rgh typo are deletions from existing low; words underlined are additions, t1 1 2 3 4 S 6 7 8 9 -10 11 12 13 _14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3S-1127-84 SENATE SUMMARY Designates Coral Way in Dade County as a state historic highway. Restricts alteration of the physical dimensions or location of the highway and removal of certain trees from along the highway. Requires that a public meeting be held prior to the performance of any work necessary for the public health or safety which requires removal. of a tree within the median of Coral Way. Directs the Division of Archives, History, and Records Management to erect suitable markers along Coral Way. n 0 CODING: Words in t&&"k Apeugh type are deletions from existing low; words underlined ate additions. MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority personally appeared Dianna Stuver, who on oath says that she Is the Assistant to the Publisher of the Miami red Review sgald Daily Record, a daily (except Saturday, Sunday published ofire I"ment, being a at Miami In Dade County, egaFlorida; lAdvertlssment of attached In the matter of CITY OF MIAMI Re: ORDINANCE NO. 9g97 In the ..... X . X. X...................... I ..... Court, was published in said newspaper in the Issues of Sept.28, 1984 AUlant further ssysp sarys that d MlanMiil In sRded�teDaf and ounty Florida,Record is a and that tha skald newspaper has heretofore been conUnuously Published In sold Dade County. Florida. each den (except Saturday, Sunday and Legal Holldaysl and has been entered as second class mall matter at the post f office one year Miami In said Dade County, Florida, for a period next preceding UN first publication of the attached copy of paid nor and aHiant fury � discouunt, gold nor Promised arrn reroon. of securing this robots commission or refund for the purpose ad;;asomant for publication In tfj�tr WIIIW K- a Sion,tp car r "fdre mRNthfs 28th of = 6 ( j 6. .` : A.D. 19. 84 r I ` fe,Stlut J tty Brod` it Large �i 0Jr FC Q R i 3(, MyACo)mmission expires Juno 1�f>'flAn� MR 116-1 � C11tt► 6� MiAilfi 6A61 a; 6lU1XtV! 0X*8" filit�A LNt6AL NOQ11 All Interested will take notice that on the 20th day of S60tbmbfir, 1984, the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO.9896 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORbI- NANCE NO. M, THE ZONING ATLAS, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVER- LAY DISTRICT TO "VIZCAYA", 3251 SOUTH MIAMI AVENUE, AND 50 SOUTHWEST 32ND ROAD (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGE NO.44 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.9897 AN ORDINANCE AMENDING THE ENVIRONMENTAL PRES- ERVATION DISTRICTS AND SCENIC TRANSPORTATION COR. RIDORS ATLAS OF THE CITY OF MIAMI BY DESIGNATING THE RIGHTOF-WAY OF CORAL WAY (S.W. 22NO STREET AND S.W. 3RD AVENUE) FROM M ON THE EAST TO SOUTH- WEST 37TH AVENUE ON THE WEST, AS A SCENIC TRANS- PORTATION CORRIDOR; MAKING FINDINGS; AND MAKING ALL THE NECESSARY CHANGES ON PAGES NO, 37, 38, 39, 40, 42, 43 AND 44 OF SAID ATLAS; CONTAINING A REPEALER. PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.9898 AN ORDINANCE AMENDING SECTION 38.8 OF CHAPTER 38, ENTITLED "PARKS AND OTHER CITY PROPERTY GEN- ERALLY", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE NAME OF THE LITTLE HAVANA COMMUNITY CENTER TO THE MANUEL ARTIME COMMUNITY CENTER, AND BY PROVIDING THAT NOTH. ING CONTAINED IN THE PROVISIONS OF THIS SECTION SHALL LIMIT OR RESTRICT THE RIGHT OF THE CITY COM- MISSION TO ESTABLISH AND FIX SPECIAL CHARGES OR SPECIAL TERMS AND CONDITIONS FOR THE USE OF THE MANUEL ARTIME COMMUNITY CENTER OF LITTLE HAVANA. ORDINANCE NO.9899 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9639, ADOPTED APRIL 6, 1983, BY APPROPRIATING THE ADDITIONAL TOTAL SUM OF $1,357,124 TO THE EXISTING TRUST AND AGENCY FUND ENTITLED "COMMUNITY DEVEL- OPMENT BLOCK GRANT (9TH YEAR)" IN THE FOLLOWING MANNER: THE SUM OF $SW,016 FROM ADDITIONAL COM- MUNITY DEVELOPMENT BLOCK GRANT (CDBG)' FUNDS; THE SUM OF $2,000 FROM 8TH YEAR CDBG FUNDS REALLOCATED TO THE 9TH YEAR; AND THE SUM OF $769,108 FROM COMMUNITY DEVELOPMENT PROGRAM INCOME FOR THE EXECUTION OF APPROVED GRANT ACTIVITIES; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. t 6 i