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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4365 Ordinance Second Reading Sponsored by: Joe Carollo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-8, TITLED "SAME - SAME - FINAL PLAT," SECTION 55-15, TITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY, PLATTED EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION 55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW," TO REQUIRE THAT SUBDIVIDERS OR APPLICANTS OBTAIN CONFIRMATION FROM THE CITY OF MIAMI ("CITY") AS TO WHETHER THE CITY UTILIZED ANY FUNDS, INCLUDING RESTRICTED FUNDS, TO IMPROVE THE RIGHT-OF-WAY PROPOSED TO BE VACATED, CLOSED, OR ABANDONED AND TO REQUIRE THE EXPENDITURE OF RESTRICTED CITY FUNDS UTILIZED FOR SAID IMPROVEMENTS OF SUCH RIGHT-OF-WAY BE REPAID TO THE CITY IN ORDER FOR A RIGHT-OF-WAY TO BE VACATED, CLOSED, OR ABANDONED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 4365 (Revision: A) Printed On: 4/3/2025 City of Miami Legislation Ordinance Enactment Number: 13793 File Number: 4365 Final Action Date: 10/11/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-8, TITLED "SAME - SAME - FINAL PLAT," SECTION 55-15, TITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY, PLATTED EASEMENTS, AND EMERGENCY ACCESS EASEMENTS BY PLAT," AND SECTION 55-16, TITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW," TO REQUIRE THAT SUBDIVIDERS OR APPLICANTS OBTAIN CONFIRMATION FROM THE CITY OF MIAMI ("CITY") AS TO WHETHER THE CITY UTILIZED ANY FUNDS, INCLUDING RESTRICTED FUNDS, TO IMPROVE THE RIGHT-OF-WAY PROPOSED TO BE VACATED, CLOSED, OR ABANDONED AND TO REQUIRE THE EXPENDITURE OF RESTRICTED CITY FUNDS UTILIZED FOR SAID IMPROVEMENTS OF SUCH RIGHT-OF-WAY BE REPAID TO THE CITY IN ORDER FOR A RIGHT-OF-WAY TO BE VACATED, CLOSED, OR ABANDONED; CONTAINING 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"), titled "Subdivision Regulations," sets procedures and requirements for platting and re - platting, which frequently includes the vacation/closure of rights -of -way and/or abandonment of easements or alleys; and WHEREAS, the City of Miami ("City") often expends funds on improvements to rights - of -way, including restricted funds, such as bonds and grants; and WHEREAS, the City's utilization of such funds usually requires that the improvements be used solely for public purposes; and WHEREAS, given that the City's utilization of such funds requires that the improvements be used for public purposes, the City needs to confirm whether any funds were utilized to improve the right(s)-of-way or easement(s) proposed to be closed, vacated, or abandoned and, if so, ensure that all such expenditure of funds are repaid prior to vacation, closure, or abandonment of such right(s)-of-way or easement(s); and WHEREAS, the City Commission deems it advisable and in the best interest of the City to amend the City Code to require that Subdividers or applicants research and obtain confirmation from the appropriate City departments as to whether the City utilized any funds, including restricted funds, to improve the right(s)-of-way or easement(s) proposed to be closed, vacated, or abandoned and, if so, to require the expenditure of funds be repaid to the City in order for the right(s)-of-way or easement(s) to be vacated, closed, or abandoned; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 4365 (Revision: A) Printed On: 4/3/2025 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 55 of the City Code is further amended in the following particulars:' "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-8 — Same — Same — Final plat. (e) Approval by city commission. (1) Upon submission of the final plat and the additional required data, the director of the department of Resilience and public works shall cause the plat to be placed on the next available city commission agenda for approval. After approval by the city commission, and certification of said approval by the city manager and city clerk, and, if applicable, proof of a cleared payment to the City in the amount indicated on the Total Expenditure, as defined in Section 55-15(a), the owner of the property being platted shall be notified that the plat is ready for recordation. The city shall deliver the plat to the appropriate county agency for county review and approval and subsequent recordation in the public records of Miami -Dade County. The plat must be recorded within 180 calendar days of the approval by the city commission. Sec. 55-15. - Vacation and closure of rights -of -way, platted easements, and emergency access easements by plat. (a) Procedure. The vacation and closure of any rights -of -way 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 T3-R or T3-L (single-family residential) or T3-O (two-family residential) may be accomplished by an alternative method as set forth herein below. Additionally, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect abutting any more intense transect may be vacated by the alternate method as well, as set forth below. Further, any Subdivider or applicant requesting to vacate and close a right(s)-of-way shall research and obtain a Confirmation from the City's Office of Capital Improvements and the Department of Resilience and Public Works regarding whether the City expended any funds for improvements on the right(s)-of- way proposed to be vacated and closed within the prior fifty (50) years, except as to restricted funds required to be repaid regardless of the timeframe ("Confirmation"). If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including expenditure of restricted funds (bond funds, grant 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: 4365 (Revision: A) Printed On: 4/3/2025 (g) funds, or otherwise) for such improvements as a separate line item. The amount of funds expended on the area proposed for vacation and closure shall be calculated as the ratio of the total cost of the entire project to the total square footage of the entire project multiplied by the square footage of the area proposed to be vacated. The City Manager or his or her designee will issue a Total Expenditure, which shall specify the amount that the Subdivider must repay to the City ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure must be provided to the City before the scheduling of a public hearing before the City Commission regarding the vacation and closure. No application for public hearing shall be scheduled for City Commission consideration without a Confirmation and, if applicable, the Total Expenditure. Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in accordance with Section 55-8 of the City Code. City commission's public hearing for vacation and closure of rights -of -way or easements. After public hearing before the planning, zoning and appeals board and a recommendation by the board for or against the vacation and closure, a public hearing shall be held before the commission of the city. The procedure for public notice and public hearing shall be as set forth in sections 62-19 et seq., including the payment of any necessary fees as required by the Code. If the City expended any funds on the right(s)-of-way proposed to be vacated and closed pursuant to the Confirmation provided by the City, the total amount of funds shall be indicated in the Total Expenditure and those funds shall be repaid to the City in full. (h) Determination by city commission. If the city commission determines that it is not in the public interest, the rights -of -way or easements shall not be closed, and the plat shall be denied. If the city commission approves the requested vacation and closure, the subdivider may proceed with the plat as set forth in sections 55-8 through 55-14. Approval of the requested vacation and closure shall be valid for a period of four years and shall remain independent of the referenced tentative plat during this period. The approved final plat must be recorded within the four-year approval period of the requested vacation and closure. Any revised tentative plat submitted for review subsequent to the approved vacation and closure must be compatible with the approved vacation and closure, as determined by the plat and street committee. The tentative plat most recently approved by the plat and street committee shall be the official tentative plat of reference when submitting documents for final plat approval by the city commission. (i) Public alleys; alternative method for closure and vacation of public alleys abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) and unimproved public alleys in T3 transect zones which abut any more intense transect zones. * * * * c. Review process. City of Miami File ID: 4365 (Revision: A) Printed On: 4/3/2025 5. Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the requested vacation and 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 planning, zoning and appeals board shall then by resolution approve, deny or approve with conditions, the requested vacation and closure if such action is determined to be in the best interest of the public. The planning, zoning and appeals board shall deny the request if the evidence does not support the vacation and 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 adjacent property owners. The planning, zoning and appeals board may attach conditions to an approval including, but not limited to, access and utility easements reservation, landscaping, and public access easement. Confirmation and, if applicable, Total Expenditure, both as defined in Section 55-15(a) of the City Code, and payment to the City of the amount indicated on the Total Expenditure, must be provided to the City before the scheduling of a public hearing before the Planning, Zoning and Appeals Board regarding the vacation and closure. No application for public hearing shall be scheduled for Planning, Zoning and Appeals Board consideration without a Confirmation and, if applicable, the Total Expenditure and payment. (j) Private alleys; alternative method for closure and vacation of private alleys abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) or unimproved private alleys in T3 transect zones which abut any more intense transect zones. c. Review process. City of Miami 4. Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the city has any interest in the closure of the platted private alley and whether it is in the interest of the public good to consent to the closure and vacation of the private alley. The planning, zoning and appeals board shall by resolution consent, consent with conditions or object to the requested closure and vacation. The condition of the approval of the closure and vacation may be in the form of a reservation of easement. Confirmation and, if applicable, Total Expenditure, both as defined in Section 55- 15(a) of the City Code, and payment to the City of the amount indicated on the Total Expenditure, must be provided to the City before the scheduling of a public hearing before the Planning, File ID: 4365 (Revision: A) Printed On: 4/3/2025 Zoning and Appeals Board regarding the vacation and closure. No application for public hearing shall be scheduled for Planning, Zoning and Appeals Board consideration without a Confirmation and, if applicable, the Total Expenditure and payment. (k) Emergency access easements; alternative method for closure and vacation of emergency access easements. c. Review process. 3. Plat and Street Committee review. The application shall be submitted to the Plat and Street Committee at least fifteen (15) days prior to the next meeting. Confirmation and, if applicable, Total Expenditure, both as defined in Section 55-15(a) of the City Code, and payment to the City of the amount indicated on the Total Expenditure, must accompany the application for the vacation and closure. The Plat and Street Committee shall determine whether the City currently uses the emergency access easement, including the City's public's service vehicles, such as Police, Fire -Rescue, Solid Waste, and Public Works, during the past twelve (12) months, in making its decision. The Plat and Street Committee may permit the requested closure and vacation of the emergency access easement, where said closure and vacation is not a safety hazard. A private applicant requesting such a closure and vacation of an emergency access easements shall provide an executed hold harmless and indemnification agreement for the benefit of the City in a form acceptable to the City Attorney The Plat and Street Committee shall make written findings of whether it recommends to unconditionally approve, approve with conditions, or deny the requested closure and vacation of the emergency access easement. After issuance of the findings of fact and recommendations by the Plat and Street Committee, applications for the closure and vacation shall be submitted for approval by the City Manager, or designee. Sec. 55-16. - Consideration of easements and alleys when alleged to be abandoned as a matter of law. * * Repayment of funds expended by the City for improvements on the Easement or Alley proposed to be abandoned. The property owner requesting the abandonment under this Section shall research and obtain a Confirmation as referenced in Section 55- 15(a) from the City's Office of Capital Improvements and the Department of Resilience City of Miami File ID: 4365 (Revision: A) Printed On: 4/3/2025 and Public Works regarding whether the City expended any funds for improvements on the Easement or Alley proposed to be abandoned within the prior fifty (50) years, except as to restricted funds required to be repaid regardless of the timeframe ("Confirmation"). If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or his or her designee will issue a Total Expenditure, which shall specify the amount that the applicant must repay to the City ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure, as well as proof of a cleared payment to the City in the amount indicated on the Total Expenditure, must accompany the application for public hearing before the City Commission regarding the abandonment. No application for public hearing shall be accepted without a Confirmation and, if applicable, the Total Expenditure, as well as proof of a cleared payment to the City in the amount indicated on the Total Expenditure. (Gd) Receipt of fees. Any application made under this section must be accompanied by a non-refundable fee of $370.00. The property owner making this application shall additionally pay any recording and copying fees as established by the state, county, or city. (4e) City commission's public hearing for deeming an easement or alley abandoned as a matter of law. Once the required criteria have been met, a public hearing shall be held before the city commission. The procedure for public notice and public hearing shall be as is followed by the department of Resilience and public works for their public hearing agenda items. (ef) Determination by the city commission. If the city commission determines that abandonment interferes with a public interest, the easements or alleys shall not be considered abandoned and the request shall be denied. If the city commission approves the request by passage of a resolution, the property owner may record a certified copy of this resolution. *„ 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City Code which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 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: 4365 (Revision: A) Printed On: 4/3/2025 APPROVED AS TO FORM AND CORRECTNESS: 7/10/2018 rtb Attor ez, ity ttor ey 9/27/2018 City of Miami File ID: 4365 (Revision: A) Printed On: 4/3/2025