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HomeMy WebLinkAboutBack-Up from Law DeptSuarez -Rivas, Rafael To: Subject: Diaz, Daniel D. 14-2562/ 14-01098 Sec. 54-58. Right-of-way dedication required prior to issuance of permits. (a) Whenever the owner(s) of the property within the city wishes to construct a new building or structure, or to change the use of an existing building or structure, or expand an existing structure, and the director of the department of public works determines that there is a rational and substantial connection between the burdens imposed by the proposed development or the change of use on the city services, including adjacent streets and the dedication of the portion of the applicant's lot, tract or parcel of land lying within the city's officially established right-of-way to the public for street purposes, and that the dedication of the officially established right-of-way is reasonably necessary to mitigate the burdens that the proposed development or change of use places on the adjacent streets, no permit for construction of a new building or structure or change of use or expansion of an existing structure shall be issued on any lot, tract or parcel of land until all portions of the applicant's lot, tract or parcel lying within the city's officially established right-of-way have been dedicated to the public for street purposes. Additionally, right-of-way lines at street intersections shall be rounded with a radius of 25 feet. The area external to the 25-foot radius shall also be dedicated to the public for street purposes prior to the issuance of permits described above. (b) Upon written request by applicant for a determination that the proposed construction of a new building or structure or change of use, or expansion will not burden the city services, including adjacent streets, director shall have the authority to waive the required dedication or, if he does not so waive the dedication, director shall convene, within 30 days after receipt of written request from applicant, a meeting of a review committee which shall be comprised of the director of public works, the director of the department of planning, building and zoning and an assistant city manager. The applicant shall have the right to present its position to the review committee which shall review director's refusal to grant the waiver of dedication. The committee, acting by majority vote, shall either affirm the director's refusal or reverse its refusal and grant the requested waiver of dedication. The committee shall, in determining whether director's refusal was reasonable, determine whether the proposed construction of a new building or structure or change of use or expansion will burden city services, including the adjacent street(s). The decision of this committee, which shall be rendered within 30 days after conclusion of the hearing, shall be final. (Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91; Code 1980, § 54-47; Ord. No. 13308, § 2, 2-9-12) Rafael Suarez -Rivas, Senior Assistant City Attorney Division Chief, Land Use/Transactional Division Board Certified, City, County and Local Government Law City of Miami Office of the City Attorney Telephone: 305-416-1818 1 Sec. 54-16. Prohibition of vehicular access. (a) The commission shall have the power, after a properly advertised public hearing, to recommend to the Metropolitan Dade County traffic director that vehicular access to a particular street be prohibited where such prohibition is found to be in the best interest of the public. (b) The request for prohibited access shall be initiated by the department of public works or through said department by petition of property owners within 1,000 feet of the affected intersection. (c) The request for prohibited access shall be subject to all requirements that may be imposed by the Metropolitan Dade County traffic director, including a traffic study. The decisions of the traffic director shall be final. (d) Prior to the public hearing, the proposed prohibited access shall be reviewed by the departments of police, fire -rescue, and general services administration, which shall make recommendations to the commission at said public hearing. (e) On streets where access is prohibited, a cul-de-sac or other turnaround shall be provided in conformance with the requirements of the department of public works. (f) Except for those streets located within the neighborhoods known as Coral Gate and Shorecrest, all expenses resulting from requests for prohibited vehicular access to a particular street shall be borne by the applicant (i.e., property owner(s), homeowner association(s), etc.). Expenses include, but are not limited to, newspaper advertising, posting of notification placards, postal notification to local residents, postal correspondence to the applicant and any traffic studies. Upon approval by the Metropolitan Dade County traffic director for a request to prohibit vehicular access to a particular street, the applicant shall pay all additional expenses related to the permits, construction of temporary and permanent barriers and other related improvements that may be required by the traffic director and/or the department of public works. (g) The director of public works is authorized to place and erect a fence at city expense across Natoma Street, Ta-lu-ga Drive and Alatka Street at their intersection with South Dixie Highway in the city, for the enhancement of public safety by prohibiting pedestrian access at these locations. It is further provided that, as an alternative measure, a wall may be constructed by the city at any or all of such intersections, subject to the condition that construction of the wall(s) shall not commence until such time as neighbors have placed all funds necessary to pay for construction of the wall(s) on deposit with the city, with the deadline for such deposit(s) being hereby established as January 10, 1993. (h) The commission shall have the power, after a properly advertised public hearing, to require that vehicular and pedestrian access to an unimproved public alley or partially unimproved alley be prohibited where such prohibition is found to be in the best interest of the public. The request for prohibited access to an unimproved public alley or partially unimproved alley shall be initiated by the department of public works or through said department by petition of all property owners abutting the alley, as determined by the director. Prior to the public hearing, the proposed prohibited access shall be reviewed by the departments of police, fire rescue and solid waste, which shall make recommendations to the commission at said public hearing. The proposed vehicular access restriction shall be accomplished by the placement of an approved fence and gate across all entrances to the alley, ensuring no access and no private use thereon unless the property is vacated. All expenses resulting from requests for prohibited access shall be borne by the applicant, (i.e., property owner(s), homeowner association(s), etc.). Expenses include, but are not limited to, newspaper advertising, postal correspondence and, upon approval of the commission, all expenses related to the permits, installation of the fence and gates and other related improvements that may be required by the department of public works. (i) The director of public works is authorized to place and erect a fence at city expense across Marler Avenue at its intersection with Douglas Road and its intersection with Plaza Street in the city, for the enhancement of public safety by prohibiting pedestrian access at these locations.