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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attome)F,L,�2- DATE: September 2, 2020 RE: Ordinance No. 13843 — Amendment to Chapter 55 of the Code of the City of Miami, Florida, as amended, titled Subdivision Regulations File No. 5830 On June 13, 2019, the City Commission adopted Item SR.3, Ordinance No. 13843. After publishing the Agenda but prior to the City Commission meeting, proposed edits were placed in Accela for distribution as a Substitution Item and the version incremented to Revision B. Some edits were also inadvertently included in Revision A at that time. The proposed edits were not adopted. Therefore, no change in the Legislation should be reflected between Revision A and Revision B. Further, as several revisions for the draft Substitution Item (Revision B) inadvertently appeared on Revision A in Accela-, the correct version of Revision A and Revision B, as published for the June 13, 2019 City Commission meeting and adopted, is attached and incorporated. VM/BLM/ALK/vj a Enclosure(s) 5830 - Scrivener's Error Memo RECEIVED I Office of the City Clerk By ML at 1:16 pm, Sep 03, 2020 City of Miami Legislation Ordinance: 13843 File Number: 5830 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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. SPONSOR(S): Commissioner Manolo Reyes 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 City of Miami Page 1 of 7 File ID: 5830 (Revision: A) Printed On: 9/3/2020 File ID: 5830 Enactment Number: 13843 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 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 ' 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. City of Miami Page 2 of 7 File ID: 5830 (Revision: A) Printed on: 9/3/2020 File ID: 5830 Enactment Number: 13843 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 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 generatinq 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. City of Miami Page 3 of 7 File ID: 5830 (Revision: A) Printed on: 9/3/2020 File ID: 5830 Enactment Number: 13843 (3) Procedures. C. Review process. 5. 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 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. (j) 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. City of Miami Page 4 of 7 File ID: 5830 (Revision: A) Printed on: 9/3/2020 File ID: 5830 Enactment Number: 13843 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 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 City 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 City of Miami Page 5 of 7 File ID: 5830 (Revision: A) Printed on: 9/3/2020 File ID: 5830 Enactment Number: 13843 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 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 generatinggovernmental 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. City of Miami Page 6 of 7 File ID: 5830 (Revision: A) Printed on: 9/3/2020 File ID: 5830 Enactment Number: 13843 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 .2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 ria dez, OfFy Attor I iey 5/14/2019 ria dez, ity Attor i iey 6/4/2019 1 1 ria dez, ity Attor I iey 8115/2019 ria dez, C ity Attor i iey 4/27/2020 2 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 Page 7 of 7 File ID: 5830 (Revision: A) Printed on: 91312020 City of Miami 4 Legislation Ordinance: 13843 File Number: 5830 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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. SPONSOR(S): Commissioner Manolo Reyes 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 City of Miami Page 1 of 7 File ID: 5830 (Revision: 8) Printed On: 9/2/2020 File ID: 5830 Enactment Number: 13843 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 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 ' 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. City of Miami Page 2 of 7 File ID: 5830 (Revision: 8) Printed on: 9/2/2020 File ID: 5830 Enactment Number: 13843 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 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 rights) -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 rights) -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. City of Miami Page 3 of 7 File ID: 5830 (Revision: 8) Printed on: 9/2/2020 File ID: 5830 Enactment Number: 13843 (3) Procedures. C. Review process. 5. 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 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 City Code. (j) 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. City of Miami Page 4 of 7 File ID: 5830 (Revision: 8) Printed on: 9/2/2020 File ID: 5830 Enactment Number: 13843 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 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 City 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 City of Miami Page 5 of 7 File ID: 5830 (Revision: 8) Printed on: 9/2/2020 File ID: 5830 Enactment Number: 13843 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 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. City of Miami Page 6 of 7 File ID: 5830 (Revision: 8) Printed on: 91212020 File ID: 5830 Enactment Number: 13843 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.2 APPROVED AS TO FORM AND CORRECTNESS: kieyiria i ndezCity ttor 5/14/2019 i 4riainde�;ity ttor I iey 6/4/2019 ! 1 i ria i "ndez, City Attar iey 8/1512019 i ria i vndeez, City Attor ey 4/27/2020 2 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 Page 7 of 7 File ID: 5830 (Revision: 8) Printed on: 91212020