HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
* Milt 4 ' File ID: #11037
z°° N Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION,
EXCAVATION, AND REPAIR/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," TO CREDIT
CERTAIN RIGHT-OF-WAY IMPROVEMENTS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 11037 (Revision:) Printed On: 11312022
��4�RCiltt�.
Op i,
* incaar oxaiPo City of Miami
Q,
K �Legislation
Ordinance
Enactment Number: 14040
File Number: 11037 Final Action Date: 12/9/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION,
EXCAVATION, AND REPAIR/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," TO CREDIT
CERTAIN RIGHT-OF-WAY IMPROVEMENTS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 54-56 of the Code of the City of Miami, Florida, as amended ("City
Code"), requires that new developments in the City of Miami ("City") complete certain street
improvements adjacent to the subject property and extending to the centerline of the street; and
WHEREAS, there are certain unique situations where it is more efficient and
advantageous to the City to also expand the scope of work of such street improvements, have
additional improvements completed beyond the area adjacent to the subject property, and/or
have additional infrastructure improvements including utilities in the vicinity of the subject
property; and
WHEREAS, it is in the best interest of the City to amend Section 54-56 of the City Code
to provide for a process to facilitate the provision of said additional right-of-way improvements
including the design, permitting, and construction of the said capital improvements; to determine
the fees and costs of said improvements; and to reimburse the developer through credits based
on a certified cost estimate as determined by a general contractor and certified by a Florida
licensed professional engineer under Chapter 471, Florida Statutes, that is acceptable to the
City; and
WHEREAS, said fees and costs may be in the form of credits for certain Resilience and
Public Works' application and permit fees for building beyond the requirements of the
Department of Resilience and Public Works related to requested street improvements beyond
those required by Section 54-56 of the City Code and for which a Certificate of Occupancy was
issued after January 1, 2019; and
WHEREAS, granting this credit towards City permitting fees will not affect nor be
claimed in lieu of any required Federal, State of Florida, Miami -Dade County, or other City fees
besides those listed below; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend
the City Code as described herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 11037 (Revision:) Printed On: 11312022
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 I I/Section 54-56 of the City Code is further amended in the
following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE 11. CONSTRUCTION, EXCAVATION, AND REPAIR
Section 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.
(g) The City Manager may grant credits for certain fees required under Chapter 2,
Chapter 54, Chapter 55, and Chapter 62 of the City Code for developments or
improvements that were requested by the City, with review and approval from the
applicable City Departments, for completed and/or future street improvements beyond
that required pursuant to Section 54-56 of the City Code and for which a Certificate of
Occupancy was issued on or after January 1, 2019. The maximum credit shall be the
amount of actual costs for completed street improvements beyond the improvements
required pursuant to Section 54-56 of the City Code as determined by a general
contractor and certified by professional engineer licensed under Chapter 471, Florida
Statutes, and submitted by the applicant and reviewed and approved by the City
Department that requested the work. The applicant who completed the additional street
improvements beyond the requirements of Section 54-56 of the City Code shall be
granted a non-transferrable credit towards application and permit fees related to
Resilience and Public Works required or imposed pursuant to Chapter 2, 54, 55, or 62 of
the City Code for properties owned by the applicant or subsequent development(s)
Proposed by the applicant and/or its affiliated entity(s). Any credit(s) authorized by this
Subsection shall expire unless they are claimed and used within ten (10) calendar years
of issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy,
whichever is earlier, for the development associated with the improvements.
*„
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
' 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)
City of Miami File ID: 11037 (Revision:) Printed On: 11312022
APPROVED AS TO FORM AND CORRECTNESS:
tyt6ria-TQFdE�z,'U-yAttoriey 11/8/2021 ria i " dez, Ity ttor ey 11130f2021
effective immediately upon override of the veto by the City Commission.
City of Miami File ID: 11037 (Revision:) Printed On: 1/3/2022