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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2903 Ordinance Second Reading Sponsored by: Ken Russell, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/IN GENERAL," MORE PARTICULARLY BY ADDING SECTION 29-6 TO PROVIDE A FRAMEWORK FOR CERTAIN WILLING WATERFRONT PROPERTY OWNERS TO GRANT AN EASEMENT TO PROVIDE THE BAYWALK OR RIVERWALK FOR PUBLIC RECREATIONAL PURPOSES AND FOR THE CITY OF MIAMI ("CITY") TO CONSTRUCT A BAYWALK OR RIVERWALK AND FOR THE PROPERTY OWNER TO PROFFER A RESTRICTIVE COVENANT RUNNING WITH THE LAND TO THE CITY FOR REPAYMENT IN THE EVENT THE PROPERTY OWNER ENGAGES IN SUCH DEVELOPMENT THAT WOULD REQUIRE A DUTY TO PROVIDE A BAYWALK OR RIVERWALK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 2903 (Revision: D) Printed On: 2/3/2025 City of Miami Legislation Ordinance File Number: 2903 Final Action Date: 1/11/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/IN GENERAL," MORE PARTICULARLY BY ADDING SECTION 29-6 TO PROVIDE A FRAMEWORK FOR CERTAIN WILLING WATERFRONT PROPERTY OWNERS TO GRANT AN EASEMENT TO PROVIDE THE BAYWALK OR RIVERWALK FOR PUBLIC RECREATIONAL PURPOSES AND FOR THE CITY OF MIAMI ("CITY") TO CONSTRUCT A BAYWALK OR RIVERWALK AND FOR THE PROPERTY OWNER TO PROFFER A RESTRICTIVE COVENANT RUNNING WITH THE LAND TO THE CITY FOR REPAYMENT IN THE EVENT THE PROPERTY OWNER ENGAGES IN SUCH DEVELOPMENT THAT WOULD REQUIRE A DUTY TO PROVIDE A BAYWALK OR RIVERWALK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 3(mm)(ii)-(iv) of the Charter of the City of Miami, Florida, as amended ("City Charter"), and Section 3.11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), require the construction of a Baywalk or Riverwalk when a building permit is issued "for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the Northwest 5th Street Bridge" in accordance with the Waterfront Design Guidelines provided in Appendix B of the Miami 21 Code and other applicable regulations; and WHEREAS, absent an application for a building permit that would require the construction of a Baywalk or Riverwalk, an owner of land located on the specified waterfront has no duty to hold his or her land open to others to traverse; and WHEREAS, certain sites subject to these requirements have not yet engaged in development activities, creating gaps in the Baywalk and Riverwalk systems in the City of Miami ("City"); and WHEREAS, development of a Baywalk and Riverwalk on these properties will aid in closing the gaps present in the Baywalk and Riverwalk and will allow for the use and enjoyment of the Baywalk and Riverwalk by the public to occur in the near future rather than when the owner of the land chooses to develop; and WHEREAS, the City Commission wishes to create a framework to allow these certain waterfront property owners who have not yet developed their property to develop Baywalk and Riverwalk connections to facilitate the completion of these facilities sooner; and WHEREAS, said framework would include acceptance of easements for Baywalk or Riverwalk purposes and a restrictive covenant to ensure City expenditures be City of Miami File ID: 2903 (Revision: D) Printed On: 2/3/2025 recouped if and when the property owner engages in such development that would require the property owner to provide a Baywalk or Riverwalk; and WHEREAS, said framework would also include in such restrictive covenant(s) all related to ongoing compliance requirements involved with (i) provisions for paramount public purpose uses and recoupment of City expenditures involving tax-exempt bonds, ad valorem funds, grants, and all other funding sources, in form(s) acceptable to the City Attorney and Bond Counsel, if applicable, (ii) provisions for any and all federal, State of Florida ("State"), Miami -Dade County ("County"), regional, and City approvals for submerged lands, waivers of deed restrictions, and environmental matters, and (iii) any other legal requirements that are appropriate to include; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Chapter 29 of the City Code is amended in the following particulars:1 "CHAPTER 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE I. IN GENERAL Sec. 29-6.- Acceptance of easements for Baywalk or Riverwalk purposes; provision for requirement of a restrictive covenant to ensure City expenditures are recouped; and conditions related thereto. It is the intent of this Section to encourage private property owners abutting the Miami River and Biscayne Bay to open currently non-existent sections of the Baywalk and Riverwalk and provide additional connectivity thereto, prior to a property owner incurring the duty to provide the same, by creating a process whereby a property owner who has not yet engaged in development that would require a Baywalk or Riverwalk pursuant to Sections 3(mm)(ii)-(iv) of the City Charter and Section 3.11 of the Miami 21 Code, may grant the City an easement for such a purpose in exchange for the City constructing that section of the Baywalk or Riverwalk in accordance with the Waterfront Design Guidelines provided in Appendix B of the Miami 21 Code and any other applicable regulations until such time as the property owner engages in such development and incurs a duty to provide such a facility. Lll Upon written request from a property owner that could subsequently be subject to the requirements of Sections 3(mm)(ii)-(iv) of the City Charter and Section 3.11 of the Miami 21 Code, the City Commission may, in its sole discretion, accept an 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: 2903 (Revision: D) Printed On: 2/3/2025 easement from the property owner for a Baywalk or Riverwalk along the portion of the property abutting Biscayne Bay or the Miami River subject to the following requirements: a. The easement shall specify that the property owner is providing an area for outdoor recreational purposes within the meaning of Section 375.251(2)(a), Florida Statutes, for the use and benefit of the public and that the easement shall be used by the public for the purpose of pedestrian, bicycle, and non -vehicular access, and for other customary public recreational purposes consistent with other portions of the City's Baywalk and Riverwalk system. The easement shall also require that the public shall enjoy free access to such easement with no charge made for entry to or use and enjoyment thereof and that no revenue shall be derived by the property owner from the public's use of the easement itself. b. The easement shall also provide that the City shall construct and install the Baywalk or Riverwalk for the use and benefit of the general public with the right to reconstruct, change, and remove the improvements within the easement and with the right of ingress thereto and egress therefrom. The property owner shall be responsible for maintaining the Baywalk or Riverwalk after construction. 2j No Resolution to accept an easement pursuant to Subsection (1) of this Section may be considered by the City Commission unless the property owner has voluntarily proffered and delivered to the City an executed restrictive covenant, in a form acceptable to the City Attorney, running with the land, to be recorded simultaneously with the easement, requiring the following: a. The restrictive covenant shall specifically state that repayment to the City shall be made in the event of acquisition by the property owner of a building permit, including a phased permit or any other approval that would otherwise allow for development as defined in Section 380.04, Florida Statutes, that would require compliance with Sections 3(mm)(ii)-(iv) of the City Charter or Section 3.11 of the Miami 21 Code or any successor land development regulation requiring, inter alia, the construction and provision of a Baywalk or Riverwalk, with the exception of any activity that meets the definition of development pursuant to Section 380.04, Florida Statutes, that the City initiates in connection with construction of the Baywalk or Riverwalk upon the easement granted by the property owner. Repayment by the property owner of any funds expended or to be expended by the City to construct the Baywalk or Riverwalk improvements within the easement shall be due to the City before a Temporary Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO"), whichever is first, is issued to the property owner for the property/structure. b. The restrictive covenant shall also provide for all related ongoing compliance requirements involved with (i) paramount public purpose uses and recoupment of City expenditures involving tax-exempt bonds, ad valorem funds, grants, and all other funding sources, in form(s) acceptable to the City Attorney and Bond Counsel, if applicable, (ii) any and all federal, State, County, regional, and City approvals for submerged lands, waivers of deed restrictions, and environmental matters, and (iii) any other legal requirements that are appropriate to include. (3) Upon receipt of a written request by a property owner pursuant to subsection City of Miami File ID: 2903 (Revision: D) Printed On: 2/3/2025 (1) of this Section, the City shall determine the estimated cost of constructing the Baywalk or Riverwalk on the property owner's property. The total estimated construction cost shall be calculated and placed in the restrictive covenant required by this Section pursuant to subsection (2)(a). L Any such arrangement for the construction of a Baywalk or Riverwalk as referenced in this Section entered into prior to the effective date of this Section shall be governed by the terms of the applicable easement and/or covenant. * *„ 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 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey _) 10/25/2017 "ndez, City ttor ey 1/2/2018 ndez, City (tor ey 12/5/2017 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: 2903 (Revision: D) Printed On: 2/3/2025