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HomeMy WebLinkAboutO-13948City of Miami l i , J'f Legislation Ordinance: 13948 File Number: 7655 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS"; MORE PARTICULARLY, BY CREATING NEW SECTIONS 54-59 THROUGH 54-62 TO CREATE AN ENHANCED RIGHT-OF- WAY IMPROVEMENT TRUST FUND ("TRUST FUND"); FURTHER REQUIRING THOSE ADJACENT PROPERTY OWNERS REQUIRED TO CONSTRUCT OR RECONSTRUCT STREET IMPROVEMENTS IN CONNECTION WITH CERTAIN BUILDING PERMITS IN AREAS WITH ADOPTED STREET MASTER PLANS PAY INTO THE TRUST FUND IN ORDER TO CAPTURE COSTS FOR SUCH IMPROVEMENTS WHICH MAY INCLUDE NONSTANDARD STREETSCAPE IMPROVEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 54, Article II of the Code of the City of Miami, Florida, as amended ("City Code"), establishes required street improvements when adjacent property is improved by construction of $100,000.00 or more in project value or exceeding 1,000 square feet in floor area within the City of Miami ("City"); and WHEREAS, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), establishes streetscape criteria for new development to accommodate the needs of vehicular traffic, pedestrians, and landscaping in the public right-of- way and adjacent private property; and WHEREAS, the City is continuing its effort to further enhance its neighborhood identities and improve pedestrian and bicycle mobility through streetscape master plan improvements including hardscape materials, landscaping, lighting, street furniture, wayfinding, and green infrastructure; and WHEREAS, for areas with an adopted streetscape master plan which may include enhanced non-standard street improvements, additional right-of-way cost may be associated with construction and maintenance of improvements; and WHEREAS, the Enhanced Right -of -Way Improvement Trust Fund ("Trust Fund") will allow for funds to be collected by development contributions and applied to master planned areas holistically, avoiding piecemeal improvements of such master planned streets; and WHEREAS, the City Commission authorizes an amendment to Chapter 54 of the City Code to capture new cost for improvements which may include non-standard streetscape improvements associated with an adopted streetscape master plan; and WHEREAS, the City Commission finds there to be an essential nexus between improvements to private properties and requiring street improvements to be made in connection with certain changes of use, additions, or other work that will result in an increased use of the City of Miami Page 1 of 6 File ID: 7655 (Revision:) Printed On: 1212812020 File ID: 7655 Enactment Number: 13948 adjacent streets and nearby streets in the same master planned area and that such private properties are benefitted in a manner dissimilarly from others by having nearby streets in the same master planned area reconstructed and maintained to a higher standard with additional improvements than normally required; and WHEREAS, the City Commission finds that the costs associated with payment into the Trust Fund is roughly proportional to the impact caused by improvements to adjacent private property and that this Ordinance imposes no greater cost than would be required of such property owner if individual street improvements were constructed pursuant to the City Code as presently exists; 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 54 of the City Code, is further amended in the following particulars:' "CHAPTER 54 ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR Sec. 54-56. - Construction, reconstruction or repair of street improvements required when adjacent property is improved by construction of $100,000.00 or more in value or exceeding 1,000 square feet in floor area; restriction. (a) Sidewalks, curbs or gutters, pavement, modifications to existing drainage, sodding, and any other right-of-way improvements deemed necessary by the director of resilience and public works (hereinafter "street improvements") shall be constructed, reconstructed or repaired, except as provided below, when any adjacent property located within the corporate limits is improved, altered or modified by the construction, reconstruction, addition, or change of use of any type of building, structure or parking facility amounting to $100,000.00 or more in total value, or when such building, structure or parking facility to be constructed, reconstructed or when there is an addition or change of use which is 1,000 square feet or more in floor area, for which a permit is required. (b) Except for properties adjacent to a right-of-way subject to a Street Master Plan as defined in Section 54-60 of the City Code for which payment into the Enhanced Right -of - Way Trust Fund in lieu of construction of street improvements is required, Tthe director of the resilience and public works department of the city shall notify the applicant/qualifier for the permit by noting on the approved plans that the street improvements adjacent to the lot or parcel to be improved, altered or modified shall be constructed, reconstructed or repaired. Said street improvements may extend to the centerline of the street and shall be constructed within or adjacent to the established base building lines to the proper line and grade as determined by the resilience and public works department on all roadways within the corporate limits. In the event that the ' 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 an unchanged material. City of Miami Page 2 of 6 File ID: 7655 (Revision:) Printed on: 1212812020 File ID: 7655 Enactment Number: 13948 surface of any existing street improvements is uneven, cracked, broken or marred, these portions of the street improvements shall be replaced by the applicant/qualifier. (c) The magnitude of the required street improvements shall not exceed ten percent of the total value of the permitted improvements, alterations or modifications on said adjacent property. For existing single-family residences, the required street improvements shall not exceed five percent of the total value of the permitted improvements, alterations or modifications on said adjacent property. For properties adjacent to a right-of-way subject to a Street Master Plan for which payment into the Enhanced Right -of -Way Trust Fund in lieu of construction of street improvements is required, the cost of the improvements otherwise required to be constructed by the property owner absent the property's inclusion in a Street Master Plan shall be calculated by the Department of Resilience and Public Works. For the purposes of payment into the Enhanced Right -of -Way Trust Fund, this amount may not exceed those limitations found in this subsection for the percentage of magnitude of street improvements. The amount to be paid into the Trust Fund shall be less any improvements required by the Director of Resilience and Public Works to be constructed by the property owner to remedy life -safety issues and comply with the Americans with Disabilities Act of 1990, as amended. (d) The director of the resilience and public works department of the city is hereby directed to withhold or withdraw the certificates of occupancy or use until such street improvements are properly constructed, reconstructed or repaired as provided in subsections (a) and (b) of this section. (e) The director of the resilience and public works department is hereby authorized to approve deferment of construction and allow variations and deviations from the above requirements of constructing, reconstructing or repairing said street improvements, as the director determines necessary, based on the conditions of the terrain and the existing sidewalk, curbs and/or gutters, and pavement immediately adjacent to the property involved; provided that the property owner furnishes the city with a properly executed covenant to run with the land in which the property owner agrees to construct or pay the cost of constructing the street improvements when such construction is required by the department of resilience and public works. (f) In the event that the property owner fails to construct, reconstruct or repair the street improvements as required by the resilience and public works department, the director of the resilience and public works department shall notify the applicant in writing that the applicant has 30 days in which to construct said street improvements. If the street improvements are not constructed within the 30-day period, the director of the resilience and public works department is authorized to cause the construction of said street improvements by either city personnel or by award of a contract under the provisions of the City Code. An accounting of the total cost of said street improvements, certified by the director of the resilience and public works department, shall be recorded in the public records of Miami -Dade County and thereafter shall constitute a lien against the property involved. The total cost shall include the construction cost, a 16-percent fee for engineering services for the resilience and public works department, and any incidental expenses. Sec. 54-59 - Enhanced Right -Of -Way Improvement Trust Fund — Intent. It is intended that the "Enhanced Right -Of -Way Improvement Trust Fund" ("Trust Fund") be established to facilitate the implementation of approved Street Master Plans, Streetscape Master Plans as the term is defined in Miami 21, and other right-of-way improvements that may include non-standard materials by requiring those adjacent property owners required to make improvements pursuant to Section 54-56 of the City Code pay the equivalent of such cost into City of Miami Page 3 of 6 File ID: 7655 (Revision:) Printed on: 1212812020 File ID: 7655 Enactment Number: 13948 the Trust Fund in lieu of construction in order to avoid the piecemeal reconstruction of those rights -of -way identified in such master plans. It is further intended that the cost of payment into the Trust Fund by the adjacent property owner not exceed the cost had the property owner undertaken such construction of required right-of-way improvements. Sec. 54-60 - Established. (a) The Trust Fund is hereby established into which funds shall be deposited and from which funds shall be withdrawn pursuant to this Article to pay for the procurement of right-of-way construction or improvement of rights -of -way as identified within an area with an adopted Street Master Plan or Streetscape Master Plan, as the term is defined in Miami 21. in the followina manner: (1) Not less than eighty percent (80%) of the Trust Fund shall be expended on construction of new right-of-way improvements or maintenance of enhanced improvements constructed pursuant to a Street Master Plan during each fiscal year within an adopted Street Master Plan area and attributable to the properties that contributed to the Trust Fund from that Street Master Plan area. However, if the City Manager or his/her designee determines that there are insufficient reserves in the Trust Fund to implement right-of-way enhancements, funds may be carried over to the next fiscal year. (2) Not more than twenty percent (20%) of the Trust Fund shall be expended on activities directly related to improvement of existing right-of-way in the Street Master Plan area in which it was collected during each fiscal year, including, but not limited to, survey work, site inventory and analysis, civil engineering and landscape architectural design services, inspection services for new plantings, and other related project expenses. nditures undertaken Dursuant to this Article may be made by the Ci Manager or his/her designee. All Trust Fund expenditures made by the City Manager shall only be made after a recommendation is made by the Directors of the Departments of Planning and Resilience and Public Works as to such expenditures and any Business Improvement District in the area where the expenditure is being made, if applicable. Notwithstanding the foregoing, the City Commission may, by unanimous vote, approve or expedite any expenditure permitted by this Article. No expenditure may be made for new right-of-way improvements until either (1) an executed covenant to run with the land in which the property owner(s) agrees to maintain the right-of-way is authorized by the Director of Resilience and Public Works, in a form acceptable to the City Attorney, or (2) another governmental entity executes an agreement authorized by the Director of Resilience and Public Works, in a form acceptable to the City Attorney, agreeing to maintain the non-standard improvements. (c) It is the intent of this Article that prior to the expenditure of funds for the above listed items by the City Manager, that due consideration is given to written recommendations from the Directors of the Departments of Plannina and Resilience and Public Works. (d) Any unused monies in the Trust Fund may be returned to the property owner upon request if the proposed improvements are not constructed within ten (10) years of contribution into the Trust Fund: Drovided. however. that for this Duraose. the City of Miami Page 4 of 6 File ID: 7655 (Revision:) Printed on: 1212812020 File ID: 7655 Enactment Number: 13948 expenditure and appropriation of Trust Fund payments shall be deemed to occur in the same sequential order as the collection of the same on a first payment in, first payment out basis. For the purpose of such return of unused monies, the property owner shall mean the property owner at the time of the original payment regardless of current ownership of the property. Sec. 54-61 - Trust Fund Pavments. Payments into the Trust Fund shall include, but shall not be limited to, monies collected pursuant to the following adopted Street Master Plans: (a) Neighborhood Revitalization District-1 Wynwood Sec. 54-62 — Financial Report. (a) Funds deposited in the Trust Fund shall be made available to the City Manager for implementation purposes and all disbursals of Trust Fund monies shall be made by the City Manager or his/her designee in accordance with this Article and after due consideration is given to the written recommendations of the Directors of the Deaartments of Plannina and Resilience and Public Works. (b) A financial report on Trust Fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the City Manager or his/her designee and presented to the City Commission. Sec. 54-63 — Recovery Aareement for Construction of Master Planned Street (a) Upon recommendation by the Director of Resilience and Public Works to the City Manager, an agreement, in a form acceptable to the City Attorney, may be entered into between the owner(s) of a property adjacent to a right-of-way subject to a Street Master Plan and the City to provide for the complete reconstruction of such street by the Property owner(s) with repayment from the Trust Fund and other legally available sources as provided herein and subject to the following: (1) Payments from the Trust Fund shall be limited as follows: a. That which is currently deposited in the Trust Fund and attributable to deposits from property owners within the same Street Master Plan area where the property adjacent to such right-of-way lies; and b. That which is deposited in the Trust Fund subseauent to the execution of the agreement from other property owners within the same Street Master Plan area where the property adjacent to such right-of-way lies. (2) Payments from all other legally available sources shall be limited as follows: a. Those legally available funds currently budgeted and allocated for the specific right-of-way or a project that includes the right-of-way; and b. No payment obligating the expenditure of such funds beyond the current budget year may be in such agreement unless the same is approved by the City Commission. Secs. 54--5-964-54-85. - Reserved. *„ 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. City of Miami Page 5 of 6 File ID: 7655 (Revision:) Printed on: 1212812020 File ID: 7655 Enactment Number: 13948 Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i endez, Uy Httor iey 10/13/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File ID: 7655 (Revision:) Printed on: 1212812020