HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #18294
Date: 10/08/2025
Commission Meeting Date: 12/11/2025
Type: Ordinance
Subject: Amend Code - Chapter 55-
14 - Encroachments Above/Below Private
Platted Alleys
Requesting Department: Department of
Resilience and Public Works
Sponsored By: Christine King
District Impacted: All
PURPOSE OF ITEM:
An ordinance of the Miami City Commission amending Chapter 55/ Section 55-14 of the
Code of the City of Miami, as amended, entitled "Encroachments Onto, Into, Below,
And/Or Above Rights -Of -Way, Public Easements, Private Easements, or Emergency
Access Easements; Exceptions," to include for the allowance of encroachments above
or below private platted alleys.
BACKGROUND INFORMATION:
Chapter 55 of the Code of the City of Miami, Florida, as amended ("City Code") sets
forth procedures and requirements for platting of land, which may include the
vacation/closure of rights -of -way and/or the abandonment of easements or alleys. The
City Code allows for the City Manager or his Designee to allow for encroachments into
rights -of -way, emergency access easements, public easements and private easements
where said encroachments are not a safety hazard upon satisfaction of certain
requirements. The City Code is silent as to private platted alleys and proper regulation
is necessary of encroachments onto, into, below and/or above private platted alleys. It is
in the best interest of the City and the community to allow for private platted alleys to be
encroached upon, if necessary.
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NO budget impact
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed B
City Commission Todd B. Hannon
Department of Resilience and Public Works
Review Completed 10/25/2025 5:27 PM
Office of Management and Budget Luis Hernandez -Torres
Office of Management and Budget Marie Gouin
Meeting
Completed 10/23/2025 9:00 AM
Juvenal Santana Department Head
Budget Analyst Review
Budget Review
Completed 10/27/2025 6:59 AM
Completed 10/27/2025 1:33 PM
City of Miami File ID: 18294 (Revision:) Printed On: 1/5/2026
City Manager's Office Asael Marrero Assistance City Manager Review Completed 10/27/2025 5:02 PM
City Manager's Office Natasha Colebrook -Williams Deputy City Manager Review Completed 10/28/2025 1:05 PM
City Manager's Office Arthur Noriega V City Manager Review Completed 10/28/2025 3:27 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/28/2025 3:34 PM
Office of the City Attorney Patricia Arias ACA Review Completed 11/03/2025 11:05 AM
Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 11/03/2025 12:09 PM
City Commission Todd B. Hannon Meeting Completed 11/20/2025 9:00 AM
City Commission Nicole Ewan Meeting Completed 12/11/2025 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 12/11/2025 7:24 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 12/11/2025 7:34 PM
Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 12/31/2025 11:15 AM
Office of the City Clerk City Clerk's Office Rendered Completed 12/31/2025 12:41 PM
City of Miami File ID: 18294 (Revision:) Printed On: 1/5/2026
City of Miami
Legislation
Ordinance
Enactment Number:14423
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18294 Final Action Date: 12/11/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 55 / SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI,
AS AMENDED, TITLED "SUBDIVISION
REGULATIONS/ENCROACHMENTS ONTO, INTO, BELOW, AND/OR
ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE
EASEMENTS, OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS,"
TO INCLUDE FOR THE ALLOWANCE OF ENCROACHMENTS ABOVE
OR BELOW PRIVATE PLATTED ALLEYS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City
Code") sets forth procedures and requirements for platting of land, which may include the
vacation/closure of rights -of -way and/or the abandonment of easements or alleys; and
WHEREAS, the City Code allows for the City Manager or his Designee to allow for
encroachments into rights -of -way, emergency access easements, public easements and private
easements where said encroachments are not a safety hazard upon satisfaction of certain
requirements; and
WHEREAS, the City Code is silent as to private platted alleys and proper regulation is
necessary of encroachments onto, into, below and/or above private platted alleys; and
WHEREAS, it is in the best interest of the City and the community to allow for private
platted alleys to be encroached upon, if necessary.
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 by reference 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
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: 18294 (Revision:) Printed On: 1/5/2026
Sec. 55-14. - Encroachments onto, into, below, and/or above rights -of -way, public easements,
private easements, private platted alley, or emergency access easements; exceptions.
(e) The city manager or designee may permit an encroachment onto, into, below, and/or
above a private easement, private platted alley, or emergency access easement,
where said encroachment is not a safety hazard, and subject to the criteria in
subsections (1),. a (2) and (3) below:
(3)
Encroachments onto, into, below, and/or above a private alley shall be permitted
as set forth herein. The City Manager or Designee may permit an encroachment
which does not unduly restrict or prevent the use of a platted private alley where
such encroachment is a necessary essential element in the construction of an
otherwise authorized pedestrian and/or vehicular overpass above or underpass
below said platted private alley area subject to receipt by the City of (i) written
request from the owner(s) abutting the portion of the platted private alley where
the encroachment is proposed, (ii) recommendations of approval from the
Departments of Police, Resilience and Public Works, Fire -Rescue, General
Services Administration, Solid Waste, Planning, Building and Zoning, or
alternatively approval by the Plat and Street Committee and (iii) an executed
covenant to run with the land for the benefit of the City which shall include
insurance and indemnification as set forth in Subsections (d)(4) and (5) herein in
a form acceptable to the City Attorney with all other requirements of law.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyy ng II , C y ttor -y 12/31/2025
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: 18294 (Revision:) Printed On: 1/5/2026