Legislative Matter

Miami-Dade Legislative Item
File Number: 081736

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Clerk's Official Copy

File Number: 081736

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 08-99

Control: Board of County Commissioners

File Name: AMEND SEC. 33-133 RELATING TO R-O-W FOR PORTION OF NE 191 ST

Introduced: 6/2/2008

Requester: NONE

Cost:

Final Action: 9/2/2008

Agenda Date: 9/2/2008

Agenda Item Number: 7C

Notes:

Title:

ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-133 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE'') TO ELIMINATE THE HALF-SECTION LINE RIGHT-OF-WAY WIDTH REQUIREMENT FOR THAT PORTION OF N.E. 191 STREET WHICH LIES BETWEEN N.E. 24 AVENUE AND N.E. 25 AVENUE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

ZONING

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	9/2/2008	7C	Adopted				P

Governmental Operations and Environment Committee	7/8/2008	3B	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed ordinance was read into the record by Assistant County Attorney Joni Armstrong-Coffey. Chairwoman Seijas opened the public hearing on the foregoing ordinance. Seeing no one wishing to speak in connection with this ordinance, the public hearing was closed. Hearing no further comments or questions, the Committee proceeded to vote.

Board of County Commissioners	6/17/2008		Tentatively scheduled for a public hearing	Governmental Operations and Environment Committee	7/8/2008

Board of County Commissioners	6/17/2008	4G	Adopted on first reading		7/8/2008		P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Governmental Operations and Environment Committee on July 8, 2008, at 9:30 a.m.

County Attorney	6/2/2008		Assigned	Eduardo I. Sanchez

County Attorney	6/2/2008		Referred	Governmental Operations and Environment Committee	7/8/2008

Legislative Text

TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-133 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("CODE") TO ELIMINATE THE HALF-SECTION LINE RIGHT-OF-WAY WIDTH REQUIREMENT FOR THAT PORTION OF N.E. 191 STREET WHICH LIES BETWEEN N.E. 24 AVENUE AND N.E. 25 AVENUE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-133 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 33-133. Right-of-way plan and minimum width
of streets and ways.

The minimum right-of-way widths for streets, roads and public ways for the unincorporated area of the County shall be as follows:

* * *

(C) Except as may provided in Sections 33-133(A) and (B) hereof, on all section lines, eighty (80) feet shall be the minimum right-of-way width, and on all other half-section (also known as quarter-section) lines, seventy (70) feet shall be the minimum official right-of-way width. The provisions of this subsection shall not apply to those properties described in Section 33B-13(a) herein with the exceptions of S.W. 136 Street from S.W. 187 Avenue to S.W. 209 Avenue; S.W. 168 Street from Levee L-31N to S.W. 237 Avenue; S.W. 237 Avenue from S.W. 168 Street to S.W. 160 Street; Ingraham Highway (formerly S.R. 27); and that portion of N.W. 87 Avenue from N.W. 197 Terrace north to the north County line. Furthermore the provisions of this subsection shall not apply to that portion of S.W. 122 Avenue which lies within the S.E. 1/4 of the S.W. 1/4 of Section 36, Township 54, Range 39; nor shall the provisions of this subsection apply to that portion of the South 40 feet of N.W. 106 Street which lies between N.W. 112 Avenue and N.W. 117 Avenue or that portion of N.W. 122 Avenue south of N.W. 25 Street to theoretical N.W. 21 Terrace; nor shall the provisions of this subsection apply to that portion of S.W. 102 Avenue which lies between Black Creek Canal and SW 232 Street; nor to the portion of Red Road (57 Avenue), north of Old Cutler Road to S.W. 74 Street (unincorporated area) >>; nor shall the provisions of this subsection apply to that portion of N.E. 191 Street which lies between N.E. 24 Avenue and N.E. 25 Avenue<<.

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.