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Legislation
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Ordinance
File Number: 16-00230
City Hall
3500 Pan American
Drive
Miami, Fl- 33133
www,miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE
WIDTH OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2ND AVENUE
AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE,
WHEREAS, Article V of Chapter 54 of the Code of the City of Miami, Florida, as amended ("City
Code"), establishes base building line locations for all public streets within the City of Miami ("City");
and
WHEREAS, in February, 1912, the Northern Boulevard Tract subdivision was recorded that
dedicated the north portion, 25 feet, of Northwest 28th Street, a quarter section Fine roadway, from
Northwest 2nd Avenue to Northwest 3rd Avenue; and
WHEREAS, although the northern boundary of the Marion Place subdivision recorded in
September, 1913 abutted the same quarter section line, that subdivision did_ not dedicate_ any of the
south portion of Northwest 28th Street from Northwest 2nd Avenue to Northwest 3rd Avenue; and
WHEREAS, the City Commission adopted Ordinance No. 1682 on January 29, 1937 officially
establishing the section line as the centerline of Northwest 28th Street and designating a zoned right
of way width of 70 feet from North Miami Avenue to the west City limits, thereby, locating the base
building line 35 feet north and 35 feet south of the centerline (section line) of the right of way; and
WHEREAS, in the 1960's, the State Highway Department assembled the right of way and
constructed the Interstate 95 expressway causing Northwest 28th Street to "dead end" at the
expressway; and
WHEREAS, Northwest 28th Street no longer serves as a primary east/west connecting roadway
through the Wynwood neighborhood; and
WHEREAS, on February 13, 1986, the City Commission adopted Ordinance No. 10077 reducing
the zoned width of Northwest 28th Street from North Miami Avenue to Northwest 2nd Avenue from 70
feet to the original 50 feet; and
WHEREAS, the section of Northwest 28th Street from Northwest 2nd Avenue to Northwest 3rd
Avenue has not been constructed to the full 70 foot width and, at their September 28, 2015 meeting,.
the Board of the Wynwood Business Improvement District adopted a Resolution supporting the
reduction of the zoned right of way width of this section of Northwest 28th Street from 70 feet to 50
feet; and
City of hliand Page I of 3 File Id: 16-00230 (llersion: 1) Printed On: 3/7/2016
File Number: 96-00230
WHEREAS, the City Administration's review of this transportation corridor reveals that a 50 foot
wide right of way will provide for sufficient space between the street fronts of buildings and structures,
and enhance the safety, amenity and general welfare of the surrounding areas by encouraging the
efficient use and development of lots and improving the pedestrian experience; and
WHEREAS, when a section of a street is deleted from the non-standard street widths Code
Section, it automatically reverts, per City Code Section 54-187, to the "default" standard street width of
50 feet, 25 feet from the centerline of the street to the base building line; and
WHEREAS, the City's Police Department, Fire -Rescue Department and Solid Waste Department
have evaluated the effect of the modification of the zoned street width of this roadway on their
operations and have no substantial objections;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54/Article 1 of the City Code, entitled "Streets and Sidewalks/In General", is
amended in the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE V. BASE BUILDING LINES
f
Sec. 54-190. Nonstandard street widths.
Base Building lines shall be located from the centerline as specified for each of the following streets:
Streets, Avenues, Roads, Etc., Distance in feet from
In Alphabetical Order Centerline to Base
Base Building Line
* * *
(70) 28th Street, N.W., N.W. 2pd-3rd Avenue to west city limits 35
Section 3. If any section, part of section, paragraph, clause, phrase or word of the Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
City of Miand Page 2 of 3 File Id: 16-00230 (Version.: 1) Printed On: 3/7/2016
File Number; 16-00230
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VORIA MIENDEZ
CItYATTORNEY
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
(10) calendar 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.
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