HomeMy WebLinkAboutSummary Form SRDate: 1/13/12
Commission Meeting Date: 2/9/12
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AGENDA ITEM SUMMARY FORM
FILE ID:
Requesting Department: Public Works
District Impacted: ALL
Type: n Resolution Ordinance ❑ Emergency Ordinance ❑ Discussion Item
Other
Law Department
Matter ID No.
Subject: Ordinance amending City Code Section 54-58 to clarify the threshold for the Public Works
Director to affirm relative to the ri;;ht-of-way dedication made pursuant to this Code Section.
Purpose of Item:
An Ordinance amending City Code Section 54-58 to clarify the threshold for the Public Works
Director to affifm relative to the right-of-way dedication made pursuant to this Code Section, which
requires certain right-of-way dedication as a condition of obtaining a building permit or a change of
use.
Background Information:
This item passed on first reading on January 12, 2012. See attached supplement for background
information.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure?If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP Ia
If using or receiving capital funds
-Grants -
Purchasing . 1J •
- Chief l2..
Final Approvals
(SIGN AND DATE)
Budget
1J
Risk Management 1J
Dept. Director
City Manager
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Background Information:
City of Miami Code Section 54-58, entitled "Right -of -Way dedication required prior to issuance of
peiniits," requires applicants for a City of Miami building permit or a change of use to dedicate portions
of their property lying within the City's officially established right-of-way to the public for street
purposes, if it is determined by the Public Works Director that there is a rational and substantial
connection between the burdens imposed by the proposed development or change of use on the
municipal services and adjacent streets. This Code Section further states that the dedication of the right-
of-way must be absolutely necessary to mitigate the burdens that the proposed development or change
of use places on the adjacent streets. The definition of the term "absolutely" places a level of standard
on the rational and substantial connection that is difficult to attain and exceeds the demonstrable criteria.
The Public Works Department recommends that City Code Section 54-58(a) be amended to delete the
term "absolutely" and insert the term "reasonably necessary" that denotes a rational nexus between the
burdens imposed by the proposed development or change of use and the dedication of the right-of-way.
Page 2 of 2