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Ordinance: 13137
File Number: 09-01071
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING THE PUBLIC
RIGHT-OF-WAY ALONG BISCAYNE BOULEVARD FROM APPROXIMATELY THE
MIAMI RIVER NORTH TO NORTHEAST 36TH STREET, THE RIGHT-OF-WAY
WIDTH IS AS FOLLOWS: FROM SOUTHEAST 4TH STREET TO SOUTHEAST 2ND
STREET (100'), FROM SOUTHEAST 2ND STREET TO NORTHEAST 6TH STREET
(230'), FROM NORTHEAST 6TH STREET TO NORTHEAST 8 STREET (168'),
FROM NORTHEAST 8 STREET TO NORTHEAST 9TH STREET (150'), FROM
NORTHEAST 9TH STREET TO NORTHEAST 12TH STREET (220'), AND
NORTHEAST 12TH STREET TO NORTHEAST 36TH STREET (100'), MIAMI,
FLORIDA, AS A SCENIC TRANSPORTATION CORRIDOR PURSUANT TO
CHAPTER 17, SECTION 17-31 (B) (3), OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION
DISTRICTS"; AMENDING THE OFFICIAL HISTORIC AND ENVIRONMENTAL
PRESERVATION ATLAS OF THE CITY OF MIAMI; SUBJECT TO LIMITATIONS AS
SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Historic and Environmental Preservation Board ("HEPB"), at its meeting
of September 1, 2009, following an advertised public hearing, adopted Resolution No. HEPB-2009-63
by a vote of eight to zero (8-0), item No. 12, recommending approval of the designation of Biscayne
Boulevard as a Scenic Transportation Corridor in the manner provided for herein; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on October 7, 2009, following
an advertised public hearing, adopted Resolution No. PAB-09-0040 by a vote of nine to zero (9-0),
item No. P.2, recommending approval as set forth; and
WHEREAS, it is found that the area of Biscayne Boulevard described herein is a geographic
area having significant natural or manmade attributes in need of preservation and control, because of
its educational, economic, ecological, and environmental importance to the welfare of the general
public and the City as a whole; 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 residents to designate the
public right-of-way along both sides of Biscayne Boulevard from approximately the Miami River north
to Northeast 36th street, the right-of-way width is as follows: from Southeast 4th Street to Southeast
2nd Street (100'), from Southeast 2nd Street to Northeast 6th Street (230'), from Northeast 6th Street
to Northeast 8th Street (168'), from Northeast 8th Street to Northeast 9th Street (150'), from Northeast
9th Street to Northeast 12th Street (220'), and Northeast 12th Street to Northeast 36th Street (100'),
Miami, Florida, as a Scenic Transportation Corridor and amend the Official Historic and Environmental
Preservation Atlas to reflect this designation;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miand Page 1 of 2 File Id. 09-01071 (Version: 2) Printed On: 10/29/2018
File Number: 09-01071 Enactment Number: 13137
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The public right-of-way along Biscayne Boulevard from approximately the Miami
River north to Northeast 36th Street, the right-of-way width is as follows: from Southeast 4th Street to
Southeast 2nd Street (100'), from Southeast 2nd Street to Northeast 6th Street (230'), from Northeast
6th Street to Northeast 8th Street (168'), from Northeast 8th Street to Northeast 9th Street (150'),
from Northeast 9th Street to Northeast 12th Street (220'), and Northeast 12th Street to Northeast 36th
Street (100'), Miami, Florida, is designated as a Scenic Transportation Corridor pursuant to Chapter
17, Section 17-31 (b) (3) of the Code of the City of Miami, Florida, as amended, entitled
"Environmental Preservation Districts," thereby amending the Official Historic and Environmental
Preservation Atlas of the City of Miami.
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 thirty (30) days after approval its adoption
and signature of the Mayor.{2}
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 2 of 2 File Id. 09-01071 (Version: 2) Printed On: 10/29/2018