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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7461 Final Action Date: 5/28/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS;" MORE PARTICULARLY BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," AND SECTION 55-14, TITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," BY MODIFYING THE CITY OF MIAMI'S ("CITY") PLATTING REGULATIONS TO MODIFY WHEN A BUILDING PERMIT AND TEMPORARY CERTIFICATE OF OCCUPANCY MAY BE ISSUED DURING THE PLATTING PROCESS; ALLOWING THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THOSE PROPERTIES THAT HAVE RECEIVED APPROVAL FROM THE CITY COMMISSION FOR ENCROACHMENTS INTO PLATTED EASEMENTS AND CREATING A SUNSET DATE AFTER WHICH SUCH APPROVALS MAY NOT BE SOUGHT; FURTHER MODIFYING THE CITY'S PLATTING EXCEPTIONS TO CLARIFY WHEN A BUILDING PERMIT MAY BE OBTAINED FOR A ONE -FAMILY DETACHED DWELLING AND CUSTOMARY ACCESSORY BUILDINGS ON A PLATTED LOT OF RECORD THAT HAS BEEN DIVIDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), generally prohibits encroachments into easements and other rights -of -way; and WHEREAS, the City Code, particularly Chapter 55 related to platting and subdivision control, provides for various scenarios where temporary and permanent certificates of occupancy as well as building permits may or may not be granted; and WHEREAS, the City Code contains mechanisms and conditions to allow an encroachment into a public easement by resolution of the City Commission under certain limited circumstances; and WHEREAS, the City Commission, in light of the Novel Coronavirus ("COVID-19") pandemic, wishes to assist those construction projects that are nearing completion but contain an encroachment into a public easement that requires re -platting by allowing the issuance of a temporary certificate of occupancy ("TCO") to such a project pending the completion of the platting process; and WHEREAS, the City Commission wishes to clarify when a building permit may be issued, as an exception to platting, in connection with a one -family detached dwelling and customary accessory buildings on a platted lot of record that has been divided; and City of Miami Page 1 of 5 File ID: 7461 (Revision:) Printed On: 5/2/2025 File ID: 7461 Enactment Number: WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to amend Chapter 55 of the City Code as hereinafter set forth; 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 55 of the City Code is amended in the following particulars:1 "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-10. - Building permits; issuance; restrictions; exceptions. (c) A building, remodeling or renovation permit may be issued for constructing, remodeling or renovating a one -family detached dwelling and customary accessory buildings on a parcel of unplatted land or on a lot of record that has been divided into separate parcels, if proof is submitted that said unplatted parcel was described by deed prior to September 25, 1946, or said division of lot was approved under zoning regulations in effect prior to June 27, 1983. A one family detached dwelling and customary accessory building on a lot, or lots of record that has been divided in separate parcels may obtain a building permit for such lot(s) upon review and approval by thc plat and street committee, providing the lot(s) are in compliance with the lot regulations of the city. The plat and street committee shall review the lot(s) of record and confirm that the construction of a one family detached dwelling is able to be built on such lot(s) of record in compliance with the City Code and Miami 21 Code, or any successor land development regulation of thc city. Furthcr providcd that any nccc-nary right of way be dedicated and a covenant be executed to comply with requirements of the Code concerning street improvements. (i) A building permit may be issued for construction of improvements on private property or on governmental agency -owned land within the boundaries of an approved tentative plat prior to final plat approval and recordation thereof, with the exception of any land on any private property of an approved tentative plat that is wholly or partially within a Neighborhood Conservation District ("NCD") as defined and provided for in Appendix A of the Miami 21 Code, the zoning ordinance of the city, as amended, or any successor zoning ordinance including a NCD, unless the property owner has obtained a tentative plat approval that does not diminish lot size or increase the number of lots, subject to: (1) completion and approval, by city commission 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 Page 2 of 5 File ID: 7461 (Revision:) Printed on: 5/2/2025 File ID: 7461 Enactment Number: resolution, of the rights -of -way and platted easements vacation and closure procedure as set forth in section 55-15, if applicable; (2) submittal of an opinion of title from an attorney member of the fund in a form acceptable to the city attorney; (3) execution of the subdivision improvements agreements and any development agreements warranted by the city; and (4) the recording of an agreement executed by the private property owner or the governmental agency, the developer and the city, at the private property owner's or the governmental agency's expense. The provisions of the agreement shall include, as applicable, but not be limited to the following: (1) Payment of all actual or estimated permit and other applicable regulatory fees associated with the improvements to the city prior to issuance of any building permits. (2) Acknowledge they are proceeding at their own risk and acknowledge that they will not make a vested/property rights claim or cause of action arising or accruing by virtue of these exceptions and agree to indemnify, defend, and hold harmless the city, and, when applicable, post a payment and performance bond for the city in connection with the improvements on the tentative plat. (3) Agree to immediately cease all construction and relinquish any and all rights to improvements constructed on the property to the governmental agency in the event that the plat is not recorded within the recordation period, as defined in subsection (10), and thus allowing the city to withdraw from the payment and performance bond. (4) Acknowledge that nothing in the agreement shall prejudice the city's right to impose conditions on approval of the plat which are required by state, county, and/or city plat ordinances and zoning regulations or are otherwise necessary to ensure the public health, safety and welfare of the citizens of the city; nor shall the city be stopped from enforcing the terms of the agreement by reason of its issuance of building permits. (5) Agree that the issuance of building permits is not a grant of any vested right whatsoever to the governmental agency or developer to use to complete construction of the project within the boundaries of the plat. (6) Acknowledge that a temporary certificate of occupancy or a permanent certificate of occupancy shall not be issued, unless and until the governmental agency or developer obtains final plat approval and records the final plat in the official records of Miami -Dade County, Florida, within the recordation period, as defined in subsection (10), provided that a temporary certificate of occupancy may be issued in connection with a proper that has received City Commission approval pursuant to Section 55-14(h) of the City Code, as amended, after execution and recordation of the hold harmless agreement required by that Section. (7) Acknowledge that the condition of subsection (6), shall appear on the face of any and all building permits issued by the city pursuant to the agreement. (8) Acknowledge that any building permits issued by the city for construction of the improvements will be issued in accordance with all applicable laws and the terms and conditions set forth in the agreement. (9) Acknowledge that the city reserves the right to evaluate all applications for building permits for compliance with all existing laws, ordinances and regulations controlling the issuance of building permits for construction within the city. (10) Acknowledge that the date to obtain city final plat approval and recordation of the plat in the official records of Miami -Dade County, Florida, the "recordation period," is the same as the expiration date set forth in the tentative plat approval. (11) In the event that the governmental agency or developer does not record the plat by the expiration of the recordation period, the governmental agency and developer agree to immediately cease all construction activities on the property and to relinquish any and all rights to any improvements constructed thereon to the governmental agency; or if requested by the city, to forthwith remove the improvements within three months of the expiration of the recordation period. The governmental agency and developer agree the City of Miami Page 3 of 5 File ID: 7461 (Revision:) Printed on: 5/2/2025 File ID: 7461 Enactment Number: city shall not be held financially responsible to the governmental agency, developer or any third parties in connection with any actions taken in accordance herewith. The city will also be able to withdraw from the payment and performance bond when applicable. (12) The governmental agency and developer agree to indemnify, defend, save, and hold harmless the city from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising out of or in connection with the agreement, the granting of any building permits or any part thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments or decrees which may be entered in from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. The governmental agency and developer agree to also post a payment and performance bond in favor of the city for the amount of the project, when applicable. (13) A joinder by any mortgagee or any other person or firm having encumbrance of record on the property. (14) This subsection shall not be eligible for use on any private property located within any NCD. No construction shall ever occur pursuant to any tentative plat in any NCD. This prohibition cannot be circumvented by the use of any instrument including but not limited to a covenant or unity of title. Sec. 55-14. - Encroachments on or in rights -of -way, public easements, private easements, or emergency access easements; exceptions. (h) The City Commission, by resolution adopted prior to November 20, 2020, may permit an encroachment into a public easement, other than a pedestrian or vehicular overpass, which does not unduly restrict the use thereof subject to the following: (1) A recommendation of approval by the Plat and Street Committee upon a finding that the granting of the encroachment will not be detrimental to the public welfare or injurious to any other property in the vicinity in which the encroachment is situated. A recommendation of denial by the Plat and Street Committee may be appealed to the Review Committee as described herein upon written request by the applicant within 30 days of the Plat and Street Committee's decision. Such request shall state with specificity the reasons the Plat and Street Committee's recommendation should be overturned. The Review Committee shall be comprised of the Director of the Department of Resilience and Public Works (or the supervisor of plats in lieu thereof), the Director of the Departments of Zoning, the Director of the Department of Planning, the Director of the Department of Building, and an Assistant City Manager as designated by the City Manager. The Review Committee, acting by majority vote, shall either affirm the Plat and Street Committee's denial or reverse its denial and grant the requested encroachment. The decision of the Review Committee, which shall be rendered within 30 days after conclusion of the hearing, shall be final. (2) Furnishing of notice by the property owner(s) to all utility companies with facilities in the easement. (3) The execution by the property owner(s) of a hold harmless and indemnification agreement for the benefit of the City, in a form acceptable to the City Attorney, which provides the following: City of Miami Page 4 of 5 File ID: 7461 (Revision:) Printed on: 5/2/2025 File ID: 7461 Enactment Number: a. Adherence to the applicable portions of the Miami 21 Code, or any successor land development regulations of the city, as to the placement, design, and construction of any encroachment. b. That no permanent certificate of occupancy or certificate of completion (including partial certificates of occupancy or completion), including except for temporary or partial certificates of occupancy or certificates of completion, may be issued for the property until: 1. For platted public easements, a plat vacating and closing said public easement is accepted by the city commission and recorded in the public records of Miami -Dade County, Florida; 2. For public easements created by instrument, the easement is moved, released, abandoned, or otherwise reconfigured such that the approved encroachment no longer encroaches into the same; or 3. The encroachment is removed. c. That the encroachment is limited to that which is substantially in accordance with a specified set of approved construction plans, which plans have been reviewed and approved by the department of resilience and public works. *„ 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 by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 5/18/2020 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 Page 5 of 5 File ID: 7461 (Revision:) Printed on: 5/2/2025