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Ordinance
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"SUBDIVISION REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION
55-15, TITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY, PLATTED
EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION
55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED
TO BE ABANDONED AS A MATTER OF LAW," TO ESTABLISH A LIMITED
EXEMPTION TO THE REQUIREMENT FOR REPAYMENT OF FUNDS FOR
VACATED RIGHTS-OF-WAY IMPROVED WITH CITY OF MIAMI FUNDS FOR NON -
REVENUE GENERATING GOVERNMENT-OWNED PROPERTIES UTILIZED FOR A
PUBLIC PURPOSE; AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTIONS NECESSARY TO ENSURE REPAYMENT OF SUCH FUNDS IF SUCH
PROPERTY CEASES TO BE USED BY A NON -REVENUE GENERATING
GOVERNMENTAL AGENCY FOR A PUBLIC PURPOSE; PROVIDING FOR
PENALTIES FOR VIOLATION OF THE TERMS OF PROVISIONS OF SAID
EXEMPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
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* 1C11F ,RATE, * City of Miami
l O R l9 Legislation
Ordinance
Enactment Number: 13843
File Number: 5830 Final Action Date: 6/13/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"SUBDIVISION REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION
55-15, TITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY, PLATTED
EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION
55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED
TO BE ABANDONED AS A MATTER OF LAW," TO ESTABLISH A LIMITED
EXEMPTION TO THE REQUIREMENT FOR REPAYMENT OF FUNDS FOR
VACATED RIGHTS-OF-WAY IMPROVED WITH CITY OF MIAMI FUNDS FOR NON -
REVENUE GENERATING GOVERNMENT-OWNED PROPERTIES UTILIZED FOR A
PUBLIC PURPOSE; AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTIONS NECESSARY TO ENSURE REPAYMENT OF SUCH FUNDS IF SUCH
PROPERTY CEASES TO BE USED BY A NON -REVENUE GENERATING
GOVERNMENTAL AGENCY FOR A PUBLIC PURPOSE; PROVIDING FOR
PENALTIES FOR VIOLATION OF THE TERMS OF PROVISIONS OF SAID
EXEMPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 11, 2018, the City Commission adopted Ordinance No. 13793
requiring repayment to the City of Miami ("City") for funds expended on rights-of-way proposed
to be vacated and closed by re -platting; and
WHEREAS, certain funds such as those from bonds or grants contain restrictions as to
their use, including requiring that the land encompassed in rights-of-way improved with such
funds continue to be used for a public purpose; and
WHEREAS, the City Commission wishes to allow properties that are currently owned by
non -revenue generating governmental entities and that are contained within a tentative plat
where a right-of-way is proposed to be closed and vacated to allow for a limited exemption from
such repayment for so long as the portion of the re -platted property containing the former right-
of-way continues to be used for a public purpose by the non -revenue generating governmental
entity; and
WHEREAS, the City Commission wishes to ensure repayment of such funds should the
non -revenue generating government-owned property containing the former right-of-way cease
to be used for a public purpose within the fifty (50) year expenditure confirmation period as set
forth in Ordinance No. 13793 or cease to be owned by a non -revenue generating governmental
entity; and
WHEREAS, by allowing for the City Attorney to take any and all steps necessary to
require repayment of such funds consistent with the restrictions found in Section 55-15(a) of the
Code of the City of Miami, Florida, as amended ("City Code"), for payment of such funds prior to
final plat, an exemption can be granted to non -revenue generating government-owned parcels
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
used for a public purpose while ensuring compliance should the property cease to be used in
such a manner or by such an entity; and
WHEREAS, the proposed limited exemption and repayment provisions collectively
provide additional public notice of ongoing compliance mechanisms to prevent prohibited private
uses and private payments for rights-of-way improved by funding from tax-exempt bonds or
other restricted grants;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 55 of the City Code is further amended in the following particulars:'
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec. 55-15. Vacation and closure of rights-of-way, platted easements, and emergency access
easements by plat.
(a) Procedure. The vacation and closure of any rights-of-way or platted easements,
and the reversion thereof to abutting property owners shall be accomplished only
through the platting procedure as set forth in section 55-7, subsections (a)
"Preliminary conference" through (c) "Filing copies of tentative plat and plat
application;" however, the closure or vacation of any alley abutting only parcels of
land zoned T3 -R or T3 -L (single-family residential) or T3-0 (two-family residential)
may be accomplished by an alternative method as set forth herein below.
Additionally, unimproved alleys (alleys which have never been improved and remain
in their natural state) in any T3 transect abutting any more intense transect may be
vacated by the alternate method as well, as set forth below. Further, any Subdivider
or applicant requesting to vacate and close a right(s)-of-way shall research
and obtain a Confirmation from the City's Office of Capital Improvements and the
Department of Resilience and Public Works regarding whether the City expended any
funds for improvements on the right(s)-of-way proposed to be vacated and
closed within the prior fifty (50) years, except as to restricted funds required to be
repaid regardless of the timeframe ("Confirmation"). If the Confirmation indicates that
funds were expended, the City's Finance Department and Office of Management and
Budget will determine the total amount of the City's expenditure(s), specifically
including expenditure of restricted funds (bond funds, grant funds, or otherwise) for
such improvements as a separate line item. The amount of funds expended on the
area proposed for vacation and closure shall be calculated as the ratio of the total
cost of the entire project to the total square footage of the entire project multiplied by
the square footage of the area proposed to be vacated. The City Manager or his or
her designee will issue a Total Expenditure, which shall specify the amount that the
Subdivider must repay to the City ("Total Expenditure"). Said Confirmation and, if
' 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 unchanaed material.
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
applicable, Total Expenditure must be provided to the City before the scheduling of a
public hearing before the City Commission regarding the vacation and closure. No
application for public hearing shall be scheduled for City Commission consideration
without a Confirmation and, if applicable, the Total Expenditure. Payment to the City
of the amount indicated on the Total Expenditure shall be paid to the City before
recordation of the Final Plat in accordance with Section 55-8 of the City Code. For
those plats where a right-of-way is to be closed and vacated and such former right(s)-
of-way is made a part of a lot owned and used by a non -revenue generating
governmental agency and used for a public purpose, the Subdivider shall be exempt
from payment of the Total Expenditures for so long as the lot(s) containing said
right(s)-of-way remain owned and used by a non -revenue generating governmental
agency for a public purpose and shall be pro -rated based upon the square footage of
the right(s)-of-way to be contained in a lot owned and used by a non -revenue
generating governmental agency and used for a public purpose, relative to that which
is not. The City Attorney may take any and all steps necessary to require repayment
of the Total Expenditure upon the exemption no longer being applicable in order to
maintain compliance with restrictions related to tax-exempt bond, restricted grant, and
other funds. Any governmental entity availing itself of this exemption shall repay the
Total Expenditure in full with the maximum statutory interest should that entity be
found to not be in compliance with restrictions related to tax-exempt bonds, restricted
grants, and other funds as it relates to the use of the property containing said former
right(s)-of-way.
(g) City commission's public hearing for vacation and closure of rights-of-way or
easements. After public hearing before the planning, zoning and appeals board and a
recommendation by the board for or against the vacation and closure, a public
hearing shall be held before the commission of the city. The procedure for public
notice and public hearing shall be as set forth in sections 62-19 et seq., including the
payment of any necessary fees as required by the Code. If the City expended any
funds on the right(s)-of-way proposed to be vacated and closed pursuant to the
Confirmation provided by the City, the total amount of funds shall be indicated in the
Total Expenditure and those funds shall be repaid to the City in full, except for those
properties meeting the non -revenue generating governmental agency exception as
provided in Section 55-15(a) of the City Code.
(i) Public alleys; alternative method for closure and vacation of public alleys abutting
parcels of land zoned T3 -R or T3 -L (single-family residential) or T3-0 (two-family
residential) and unimproved public alleys in T3 transect zones which abut any more
intense transect zones.
(3) Procedures.
C. Review process.
5. Planning, zoning and appeals board determination. Upon
receipt of the plat and street committee's recommendation, the
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
planning, zoning and appeals board shall determine whether
the requested vacation and closure may be granted because it
is in the best interest of the public. Determination of the closure
shall be based on whether the alley provides the public
services. The planning, zoning and appeals board shall then by
resolution approve, deny or approve with conditions, the
requested vacation and closure if such action is determined to
be in the best interest of the public. The planning, zoning and
appeals board shall deny the request if the evidence does not
support the vacation and closure would be in the best interest of
the public and the primary reason for the closure is to provide a
benefit for the applicant or adjacent property owners. The
planning, zoning and appeals board may attach conditions to an
approval including, but not limited to, access and utility
easements reservation, landscaping, and public access
easement. Confirmation and, if applicable, Total Expenditure,
both as defined in Section 55-15(a) of the City Code, and
payment to the City of the amount indicated on the Total
Expenditure, must be provided to the City before the scheduling
of a public hearing before the Planning, Zoning and Appeals
Board regarding the vacation and closure. No application for
public hearing shall be scheduled for Planning, Zoning and
Appeals Board consideration without a Confirmation and, if
applicable, the Total Expenditure and payment, except as
provided in Section 55-15(a) of the Citv Code.
Q) Private alleys; alternative method for closure and vacation of private alleys abutting
parcels of land zoned T3 -R or T3 -L (single-family residential) or T3-0 (two-family
residential) or unimproved private alleys in T3 transect zones which abut any more
intense transect zones.
(3) Procedures.
C. Review process.
4. Planning, zoning and appeals board determination. Upon
receipt of the plat and street committee's recommendation, the
planning, zoning and appeals board shall determine whether the
city has any interest in the closure of the platted private alley and
whether it is in the interest of the public good to consent to the
closure and vacation of the private alley. The planning, zoning
and appeals board shall by resolution consent, consent with
conditions or object to the requested closure and vacation. The
condition of the approval of the closure and vacation may be in
the form of a reservation of easement. Confirmation and, if
applicable, Total Expenditure, both as defined in Section 55-
15(a) of the City Code, and payment to the City of the amount
indicated on the Total Expenditure, must be provided to the City
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
before the scheduling of a public hearing before the Planning,
Zoning and Appeals Board regarding the vacation and
closure. No application for public hearing shall be scheduled for
Planning, Zoning and Appeals Board consideration without a
Confirmation and, if applicable, the Total Expenditure and
payment, except for those properties meeting the non -revenue
generating governmental agency exception as provided in
Section 55-15(a) of the Citv Code.
(k) Emergency access easements; alternative method for closure and vacation of
emergency access easements.
C. Review process.
3. Plat and Street Committee review. The application shall be
submitted to the Plat and Street Committee at least fifteen (15)
days prior to the next meeting. Confirmation and, if applicable,
Total Expenditure, both as defined in Section 55-15(a) of the
City Code, and payment to the City of the amount indicated on
the Total Expenditure, must accompany the application for the
vacation and closure, except for those properties meeting the
non -revenue generating governmental agency exception as
provided in Section 55-15(a) of the City Code. The Plat and
Street Committee shall determine whether the City currently
uses the emergency access easement, including the City's
public's service vehicles, such as Police, Fire -Rescue, Solid
Waste, and Public Works, during the past twelve (12) months,
in making its decision. The Plat and Street Committee may
permit the requested closure and vacation of the emergency
access easement, where said closure and vacation is not a
safety hazard. A private applicant requesting such a closure
and vacation of an emergency access easements shall provide
an executed hold harmless and indemnification agreement for
the benefit of the City in a form acceptable to the City Attorney.
The Plat and Street Committee shall make written findings of
whether it recommends to unconditionally approve, approve
with conditions, or deny the requested closure and vacation of
the emergency access easement. After issuance of the
findings of fact and recommendations by the Plat and Street
Committee, applications for the closure and vacation shall be
submitted for approval by the City Manager, or designee.
Sec. 55-16. Consideration of easements and alleys when alleged to be abandoned as a matter
of law.
(c) Repayment of funds expended by the City for improvements on the Easement or
Alley proposed to be abandoned. The property owner requesting the abandonment
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
under this Section shall research and obtain a Confirmation as referenced in Section
55-15(a) from the City's Office of Capital Improvements and the Department of
Resilience and Public Works regarding whether the City expended any funds for
improvements on the Easement or Alley proposed to be abandoned within the prior
fifty (50) years, except as to restricted funds required to be repaid regardless of the
timeframe ("Confirmation"). If the Confirmation indicates that funds were expended,
the City's Finance Department and Office of Management and Budget will determine
the amount of the City's expenditure, specifically including expenditure of restricted
funds (bond funds, grant funds, or otherwise) for such improvements as a separate line
item. The City Manager or his or her designee will issue a Total Expenditure, which
shall specify the amount that the applicant must repay to the City ("Total
Expenditure"). Said Confirmation and, if applicable, Total Expenditure, as well as
proof of a cleared payment to the City in the amount indicated on the Total
Expenditure, must accompany the application for public hearing before the City
Commission regarding the abandonment. No application for public hearing shall be
accepted without a Confirmation and, if applicable, the Total Expenditure, as well as
proof of a cleared payment to the City in the amount indicated on the Total
Expenditure. For requests for abandonment by a property owner that is a non -revenue
generating governmental agency which uses the property burdened by the easement
or adjacent to the alley, as applicable, for a public purpose, the Total Expenditure shall
be calculated but not owed to the City. In lieu of payment, the Resolution by the City
Commission pursuant to subsection (f) shall contain the applicable Total Expenditure
and require repayment of that portion expended by the City within the prior fifty (50)
years from the time when said portion of the lot, no longer burdened by the easement
or adjacent to the alley, as applicable, is no longer owned by a non -revenue generating
governmental agency or used for a public purpose. The City Attorney may take any
and all steps necessary to require repayment of the Total Expenditure upon the
exemption no longer being applicable, in order to maintain compliance with restrictions
related to tax-exempt bonds, restricted grants, or other funds. The Total Expenditure
shall be paid in full to the City within ten (10) days with the maximum statutory interest
when the property ceases to be owned by a non -revenue generating governmental
entity, used for a public purpose, or found to not be in compliance with restrictions
related to any tax-exempt bonds, restricted grants, or other funds as it relates to the
use of the property containing said former easement or alley.
*„
Section 3. If any section, part of a 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 immediately upon its adoption and
signature of the Mayor.z
z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, ity ttor ey 5/14/2019i ria ndez, ity Attor ey 6/4/2019
i ria ndez, JC ity Attor iey 8/15/2019 EiAt6riaWnd6z, C ity Attor iey 4/27/2020
Revision B has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of Revision A. (No changes between revisions A and B)
City of Miami File ID: 5830 (Revision: B) Printed On: 9/3/2020