HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #2428
Date: 06/15/2017
Commission Meeting Date: 10/26/2017
Type: Ordinance
Subject: Amend Code - Chapter 55 -
Subdivision Regulations
Purpose of Item:
Requesting Department: Department of
Resilience and Public Works
Sponsored By: Francis Suarez
District Impacted: All
This proposed amendment will allow the City of Miami to issue temporary certificates of
occupancy for a structure located in a phased project or master plan development if that
portion of the phased project or master plan development has completed the required
subdivision improvements, while maintaining the required protection to the City by
requiring completion of all of the subdivision improvements in the phased or master plan
development prior to the issuance of a final certificate of occupancy.
Background of Item:
Chapter 55, Section 55-10 of the City Code prohibits the issuance of a partial or
temporary certificate of occupancy for any structure on any lot in the subdivision unless
or until all the required subdivision improvements are completed. Said prohibition does
not account for phased projects or master plan developments, which may include
multiple structures within a subdivision. In these instances, it may be impossible to
complete the subdivision improvements prior to the completion of a structure due to
future phases or structures still under construction. The current prohibition may have an
adverse effect on development within the City of Miami. Further, structures may be
completed pursuant to a valid building permit prior to the completion of all the
subdivision improvements. A temporary certificate of occupancy should be issued for
completed structures in which the subdivision improvements are completed for that
portion upon approval of the Director of Public Works.
Budget Impact Analysis
Item has NO budget impact
Total Fiscal Impact:
N/A
Reviewed B
City Commission Nicole Ewan Meeting Completed 07/13/2017 9:00 AM
Department of Resilience and Public Works Juvenal Santana Department Head
Review Completed 08/29/2017 4:47 PM
Office of Manaaement and Budaet Luis Hernandez -Torres Budaet Analyst Review Completed 08/30/2017 9:46 AM
City of Miami File ID: 2428 (Revision: A) Printed On: 3/25/2025
Office of Management and Budget Christopher M Rose Budget Review Completed 08/30/2017 12:03 PM
City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 08/30/2017 12:08 PM
City Manager's Office Daniel J. Alfonso City Manager Review Completed 08/31/2017 8:58 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/01/2017 9:50 AM
Office of the City Attorney Amber Ketterer ACA Review Completed 09/01/2017 10:11 AM
Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 09/01/2017 4:58 PM
Office of the City Attorney Barnaby L. Min Approved Form and Correctness Completed 09/05/2017 5:41 PM
City Commission Nicole Ewan Meeting Completed 09/14/2017 9:00 AM
City Commission Nicole Ewan Meeting Completed 09/19/2017 9:00 AM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/21/2017 8:28 AM
Office of the City Attorney Amber Ketterer ACA Review Completed 09/27/2017 4:30 PM
Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 09/27/2017 5:15 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/28/2017 11:42 AM
City Commission Nicole Ewan Meeting Completed 10/12/2017 9:00 AM
City Commission Nicole Ewan Meeting Completed 10/26/2017 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 11/03/2017 3:39 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 11/03/2017 4:11 PM
Office of the City Clerk City Clerk's Office Rendered Completed 11/03/2017 4:14 PM
City of Miami File ID: 2428 (Revision: A) Printed On: 3/25/2025
City of Miami
Legislation
Ordinance
Enactment Number:13702
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2428 Final Action Date: 10/26/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SUBDIVISION REGULATIONS," BY AMENDING
SECTION 55-1, ENTITLED "DEFINITIONS," TO ADD DEFINITIONS, AND
SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE;
RESTRICTIONS; EXCEPTIONS," TO REMOVE THE PROHIBITION ON
THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY
PRIOR TO COMPLETION OF ALL SUBDIVISION IMPROVEMENTS FOR
PHASED PROJECTS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City
Code"), provides the Subdivision Regulations for the City of Miami ("City"); and
WHEREAS, Section 55-10(b) of the City Code states that no complete, partial, or
temporary certificate occupancy shall be issued by the City on any lot unless all of the required
subdivision improvements are complete; and
WHEREAS, the prohibition on the issuance of a temporary certificate of occupancy prior
to completion of all required subdivision improvements is impractical for certain developments,
including phased projects and master planned developments, and may render such
developments unfeasible; and
WHEREAS, in order to alleviate said impracticality, Section 55-10 of the City Code
should be amended to permit temporary certificates of occupancy to be issued for a structure
after all subdivision improvements are complete on the specific phase in which that structure is
located, but prior to the completion of all subdivision improvements on all phases, upon
approval by the Director of Public Works; and
WHEREAS, all subdivision improvements must be complete on the phase in which the
structure is located before a temporary certificate of occupancy is issued for that structure; and
WHEREAS, as a condition to the issuance of a temporary certificate of occupancy, the
property owner must execute an agreement with the City and record said agreement,
acknowledging specific conditions including, but not limited to, an acknowledgment that a
complete certificate of occupancy will not be issued prior to the completion of all subdivision
improvements; and
WHEREAS, temporary certificates of occupancy do not permit the indefinite occupation
of a structure and are, by their very nature, temporary and may be revoked;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 2428 (Revision: A) Printed On: 3/25/2025
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 55 of the City Code is hereby amended in the following
particulars:
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec 55-1. Definitions
For the purpose of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Mapped street is a proposed right-of-way through an unplatted parcel of land, as shown
on those maps on file in the department of public works.
Phased Project is a project(s) which, due to its magnitude, is to be developed in
multiple phases. Such Phased Project shall contain a minimum of three (3) acres of land
and propose more than 499,000 sq. ft. of gross floor area within the boundaries of a single
plat. The project may occupy contiguous lands, separated only by streets or alleys. The
project may be developed under a single building permit or multiple building permits.
Sec. 55-10. Building Permits; issuance; restrictions; exceptions.
(b) No complete, partial or temporary certificate of occupancy shall be issued by the city
for any structure on any lot in the subdivision unless or until all of the required subdivision
improvements are completed-, except that a partial or temporary certificate of occupancy may
be issued for any structure on any lot in the subdivision of a Phased Project upon approval by
the Director of Public Works provided that such right-of-way improvements, as required by the
Director of Public Works, for that portion of the Phased Project in which that structure is located
are satisfactorily completed and accepted by the Director of Public Works in accordance with
the subdivision improvements provided for in the City Code, including Chapter 55. All
subdivision improvements must be complete on the phase in which the structure is located
before a temporary certificate of occupancy is issued for that structure. Any such partial or
temporary certificate of occupancy shall be conditioned upon the property owner executing and
recording an agreement with the City, acknowledging specific conditions, including but not
limited to, an acknowledgement that a complete certificate of occupancy will not be issued prior
to the completion of all required subdivision improvements in the entire Phased Project.
*„
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. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 2428 (Revision: A) Printed On: 3/25/2025
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 thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 9/5/2017 i ria i ' ndez, City ttor iey
9/28/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 File ID: 2428 (Revision: A) Printed On: 3/25/2025