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HomeMy WebLinkAboutlegislationCity of Miami Legislation Ordinance City Half 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 03-0142 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE I/ CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAL/ SUBDIVISION REGULATIONS" TO PROVIDE AN ALTERNATIVE METHOD FOR PROPERTY OWNERS TO VACATE OR CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-1 AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269, 54-4, AND 54-15 ; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the City Code to provide an alternative method for the closure and vacation of alleys which abut parcels of land zoned residential R-1 and/or R-2 only; 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 by reference and incorporated as if fully set forth in this Section. Section 2.The Code of the City of Miami, Florida as amended, is further amended in the following particulars :{1} "Chapter 2 Administration in General Article IV. Division 4. Public Works Department Sec. 2-269. Checking and recording plats and alley closures or vacations --Fee schedule; waiver of fee. * City of Miami Page 1 of 8 Printed On: 11/17/2003 File Number: 03-0142 Fees to be charged pursuant to section 55-15 ID and 55-15 (i) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. (5) (5) * * Application Fee $500.00. Recording Fee *** Publication Fee *** Vacation and Alley Closure Fee pursuant to Section 62-156(6) Not applicable *** These fees shall be determined contingent upon fees charged by the newspaper and Miami -Dade County Recorder's Office at time of publication and recordation. * * * * "Chapter 54 Streets and Sidewalks Article I. In General * * * * Sec. 54-4. Closing and vacating of streets. (a) When any owner of property abutting any public street or alley located within the city wishes to close such street or alley or any portion thereof, he shall do so in accordance with Section 55-15 of this Code which provides that he shall file in the office of the clerk of the circuit court in and for the county a record plat of the property through which passes the street or alley or portion thereof which is sought to be closed, such plat to show the alley or street or portion thereof as being closed and to include all property abutting thereon except as provided in subsection (b) below or in accordance with Section 55-15(i) for the closure of public alleys and Section 55-15(i) for the closure of private alleys which provide for alternate methods of closing and vacating an alley which abut only parcels of land zoned R-1 (Single Family Residential) and/or R-2 (Two Family Residential). * * * * * *II "Chapter 55 Subdivision Regulations Sec. 55-15. Vacation and closure of rights -of -way and platted easements by plat. City of Miami Page 2 of 8 Printed On: 11 /17/2003 File Number: 03-0142 u (a) Procedure. The vacation and closure of any rights -of -way and/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 R-1 (Single Family Residential) and/or R-2 (Two Family Residential) may be accomplished by an alternative method as set forth herein below. * * * a Public Alleys; Alternative method for closure and vacation of public alleys abuttina parcels of land zoned R-1 _Single Family Residential) and/or R-2 (Two Family Residential). Applicability: For public alleys which lie exclusively, abutting parcels of land zoned R-1 (Single Family Residential) and/or R-2 (Two Family Residential). Any public alley which has a parcel of land abutting any side which is zoned with greater intensity than R-2 must follow the procedure established in section 55-15 (a) herein. An alley lying between two (2) streets shall not be vacated unless the entire portion of the alley between such streets is vacated or closed. Initiating a request for alley closure and permitted time for submission of application. The City Manager independently or at the direction of the City Commission. may initiate the closure of a public alley abutting parcels of land zoned R-1 (Single Family Residential) and/or R-2 (Two Family Residential) during the first sixty (601 calendar days of each calendar year. A property owner whose property is abutting parcels of land zoned R- 1 Single Family Residential) and/or R-2 Two Family Residential) may file an application only during the first sixty ( 60) calendar days of each calendar year. Any application received on the 61 st day or thereafter will not be processed. A new application may be submitted for the next calendar year in accordance with this section. (31 Procedures: a. Pre -application meeting. Any property owner making application to vacate or close a publicly dedicated alley must meet with the Supervisor of Plats, or designee, and the Director of Planning and Zoning, or designee, prior to applying for the vacation or closure. The purpose of the pre -application meeting is to acquaint the applicant with the procedures for vacating or closing an alley and to acquaint the Supervisor of Plats or designee with the City of Miami Page 3 of 8 Printed On: II/I7/2003 File Number: 03-0142 proposed vacation. b. Application procedures. After the pre -application meeting, the applicant shall submit to the Supervisor of Plats, or designee, a completed publicly dedicated alley application package. The application package shall consist of the following: jfl Completed application form: 21 Non-refundable application fee pursuant to Section 2-269 of this Code: 01 Legal description of all parcels of land abutting alley proposed to be vacated or closed: fig List of all owners, including addresses. that abut the alley to be vacated or closed pursuant to the most current Miami -Dade County Tax Roll and dated no later than 10 days prior to submission of application: u Proof of ownership by the applicant of the property which abuts the alley to be vacated or closed: and L61 Statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire andlor other emergency vehicles during the past twelve (12) months. c. Publication Requirement. Notice of the Plat and Street Committee Meeting shall be published with the Clerk of the City prior to the Plat and Street Committee Meeting. Notice of the public hearing before the Zoning Board shall be published, one time, in a newspaper of general circulation in the municipality at least ten (10) days prior to the date of the Zoning Board hearing. d. Notice to other property owners by U.S. Mail and posting at each entrance/exit way of alley. Notice shall be sent via U.S. Mail, Certified Return Receipt Requested to all property owners that abut the proposed alley to be vacated or closed. Additional notice may be required as specified on the instrument of dedication of the public alley. The City shall also post notice of the public hearing at each entrance/exit of the alley. e. Plat and Street Committee Review. The application shall be submitted to the Plat and Street Committee fifteen (15) days prior to the next meeting. The Plat and Street Committee shall make a recommendation to the Zoning Board, in writing, of its findings of fact and whether the Plat and Street Committee recommends to unconditionally approve, approve with conditions, or deny the requested vacation and closure. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application for a public hearing with the Zoning Board. Zoning Board Authority. The Zoning Board or its successor is designated as the authority to render decisions pertaining to the closure and/or City of Miami Page 4 of 8 Printed On: 11/17/2003 File Number: 03-0142 vacation of alleys pursuant to the provisions of this section. Zoning Board Determination. Upon receipt of the Plat and Street Committee's recommendation, the Zoning Board shall determine whether the requested vacation or 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 Zoning Board shall then by Resolution approve, deny or approve with conditions. the requested vacation or closure if such action is determined to be in the best interest of the public. The Zoning Board shall deny the request if the evidence does not support the vacation or 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 adiacent property owners. The Zoning Board may attach conditions to an approval including, but not limited to, access and utility easements reservation, landscaping, and public access easement. Appeal to the City Commission. Decisions of the Zoning Board are to be deemed final unless, within fifteen (15) calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in the Zoning Ordinance. Receipt of fees for approved alley closures and vacations. Upon receipt of notification of alley closure or vacation approval, the applicant will submit such fees that are required for the publication of closure and vacation and recording fees pursuant to Section 2-269 of this Code. Automatic Reservation of Easement and procedure for release thereof. The City shall automatically reserve an easement over, across and under said lands for the installation, maintenance and operation of any utility located or to be located in the alleys or portions thereof vacated or closed pursuant to this section. If the applicant desires that no easement be reserved, then as part of the application package referred to in section 55-15(i)(d)(II), applicant is to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the alley being vacated or closed. Zoning of vacated alley. The district use and area regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the alley included within the vacation or closure, unless otherwise specified. Recording of Instrument in the public record. The proof of publication of notice of public hearing and the resolution as adopted, shall be recorded in the deed records of Miami -Dade County, Florida. Authorization for City Manager to correct any typographical and/or non - substantial errors. In the instance when a certified Opinion of Title is received and reviewed by the City Attorney demonstrating that a typographical and/or non -substantial error has occurred in the legal description of an alley or abutting parcels of land that was closed pursuant to this section, the City Manager is authorized to execute documents, in a form acceptable to the City Attorney, to correct any defects in the instrument. City of Miami Page 5 of 8 Printed On: 11/17/2003 File Number: 03-0142 MI (1) Private Alleys: Alternative method for vacation and closure of private alleys abutting parcels of land zoned R-1 (Single Family Residential) and R-2 (Two Family Residential). DI Applicability: This section applies to the closure or vacation of any private alley, which lies exclusively, abutting parcels of land zoned R-1 ( Single Family Residential) and R-2 (Two Family Residential. Any private alley which has a parcel of land abutting any side which is zoned with greater intensity than R-2, must follow the procedure established in section 55-15 of this Code. An alley lying between two (2) streets shall not be closed or vacated unless the entire portion of the alley between such streets is closed or vacated. '0_,Q1 Initiation of a request for alley closure and permitted time for submission of application. (a) A property owner whose property is abutting a particular private alley as described in section 55-15(i)(a) of this Code and by following the procedure as stated in this section 55-15(i)(c) may file an application only during the first sixty (60) calendar days of each year. Anv application received on the 61 st day or thereafter will not be processed. A new application must be submitted for the next calendar year. (3) Procedures: Pre -application meeting. Any person proposing to vacate a privately dedicated alley must meet with the Supervisor of Plats, or designee, and the Director of Planning and Zoning, or designee, prior to applying for the closure or vacation. The purpose of the pre - application meeting is to acquaint the applicant with the procedures for closing or vacating an alley and to acquaint the Supervisor of Plats, or designee, with the proposed vacation. Application procedures. After the pre -application meeting, the applicant shall submit to the Supervisor of Plats, or designee, a completed privately dedicated alley application package. The application package shall consist of the following information: d. ill Completed application form; Application must be executed by ALL property owners which abut the private alleys (2) Receipt of non-refundable application fee pursuant to Section 2- 269 of this Code; (3) Survey of private alley to be closed or vacated including all abutting parcels of land with zoning designations, certified by a professional surveyor and mapper. Also, the survey must include the legal description and acreage of alley proposed to City of Miami Page 6 of 8 Printed On: 11/17/2003 File Number: 03-0142 be closed or vacated; (4) Proof of ownership from all the property owners that abut the private alley to be closed or vacated: u Releases from all utility companies and Statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire and/or other emergency vehicles during the past twelve (12) months. (c)Review process. 1. Publication Requirement. Notice of the Plat and Street Committee Meeting shall be published with the Clerk of the City prior to the Plat and Street Committee Meeting. 2. Plat and Street Committee Review. The application shall be submitted to the Plat and Street Committee fifteen (15) days prior to the next meeting. The Plat and Street Committee shall make a recommendation to the Zoning Board, in writing, of its findings of fact and whether the Plat and Street Committee recommend to the Zoning Board that the City of Miami does or does not have any interest in the private alley. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application to the Zoning Boards administration, or its successor, for a public hearing by the City Zoning Board for the vacation and closure. 3. Zoninq Board Authority. The Zoning Board or its successor is designated as the authority to render decisions pertaining to the closure and/or vacation of alleys pursuant to the provisions of this section. 4. Zoning Board Determination. Upon receipt of the Plat and Street Committee's recommendation, the Zoning Board shall determine whether the City of Miami has any interest in the closure of the platted private alley and that it is in the interest of the public good to consent to the closure or vacation of the private alley. The Zoning Board shall by Resolution consent, consent with conditions or obiect to the requested closure or vacation. The condition of the approval of the closure or vacation may be in the form of a reservation of easement. 5. Appeals to the City Commission. Decisions of the Zoning Board are to be deemed final unless, within fifteen (15) calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in Article 20, Section 2002 of the Zoning Ordinance. 6. Final Resolution. The final resolution shall be provided to the applicants for proper recordation in the public records of Miami -Dade County, Florida. 7. Zonina of vacated alley. The district use and area regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the area included within the closure or City of Miami Page 7 of 8 Printed On: 11/17/2003 File Number: 03-0142 vacation, unless otherwise specified. * * * * * *II Section 3.AII ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4.If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5.This Ordinance shall become effective immediately after final reading and adoption thereof.{2} PASSED ON FIRST READING BY TITLE ONLY this day of , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2003. APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY Footnotes: {1} 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. Astericks indicate omitted and unchanged material. {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 8 of 8 Printed On: 11/17/2003