HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #19130
Date: 03/31/2026
Commission Meeting Date: 07/23/2026
Type: Ordinance
Subject: Amend Code - Chapter 54-
56 - Street Improvements
Requesting Department: Department of
Resilience and Public Works
Sponsored By: Rolando Escalona, Ralph
Rosado, Christine King
District Impacted: All
PURPOSE OF ITEM:
An Ordinance of the Miami City Commission amending Chapter 54/ Article II/Section
54-56 of the Code of the City of Miami, Florida, As Amended ("City Code"), titled
"Streets and Sidewalks/ Construction, Excavation, and Repair/ Construction,
Reconstruction or Repair of Street Improvements Required when adjacent property is
improved by construction of $100,000.00 or more in value or exceeding 1,000 square
feet in floor area; restriction," to provide for the increase of the construction value
threshold that triggers required street improvements, reducing the maximum percentage
of required right-of-way improvement costs for property owners, and requiring
compliance with Americans with Disabilities Act (ADA) and life -safety requirements prior
to the issuance of Certificates of Occupancy.
BACKGROUND INFORMATION:
Section 54-56 of the Code of the City of Miami requires the construction, reconstruction,
or repair of adjacent street improvements when certain property improvements occur.
The City seeks to update the construction value threshold that triggers these
requirements to better reflect current construction costs and development conditions.
Increasing the threshold from $100,000.00 to $250,000.00 will help ensure that the
requirement for adjacent street improvements is applied more appropriately to projects
of sufficient scale. The City Commission also finds it appropriate to adjust the maximum
percentage of required right-of-way improvement costs borne by property owners in
order to provide a more balanced and equitable framework. Ensuring compliance with
the Americans with Disabilities Act (ADA) and applicable fire and life -safety
requirements prior to the issuance of certificates of occupancy supports the City's
commitment to public safety, accessibility, and responsible development.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
City of Miami File ID: 19130 (Revision: A) Printed On: 8/4/2026
City Commission
Department of Resilience and Public
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Reviewed B
Teri Samuels
Works
04/09/2026 3:54 PM
Luis Hernandez -Torres
Marie Gouin
Asael Marrero
Natasha Colebrook -Williams
Valentin J Alvarez
Patricia Arias
Xavier Alban
George K. Wysong III
Nicole Ewan
Nicole Ewan
Todd B. Hannon
Marta Gomez
Patricia Arias
Xavier Alban
George K. Wysong III
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Meeting Completed 04/09/2026 9:00 AM
Juvenal Santana
Department Head
Budget Analyst Review Completed
Budget Review Completed
Assistance City Manager Review Completed
Approved on behalf of the City Manager
Legislative Division Review Completed
ACA Review Completed
Deputy Attorney Review Completed
Approved Form and Correctness Completed
Meeting Completed
Meeting Completed
Meeting Completed
Legislative Division Review Completed
ACA Review Completed
Deputy Attorney Review Completed
Approved Form and Correctness Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
04/10/2026 5:28 PM
04/13/2026 2:31 PM
04/14/2026 10:56 AM
Completed
04/14/2026 11:44 AM
04/14/2026 2:49 PM
04/14/2026 8:31 PM
04/14/2026 8:56 PM
04/23/2026 9:00 AM
06/11/2026 9:00 AM
06/25/2026 9:00 AM
06/30/2026 4:51 PM
06/30/2026 5:13 PM
07/14/2026 10:29 AM
07/14/2026 11:42 AM
07/23/2026 9:00 AM
07/24/2026 4:42 PM
07/24/2026 6:31 PM
07/24/2026 6:31 PM
City of Miami File ID: 19130 (Revision: A) Printed On: 8/4/2026
City of Miami
Legislation
Ordinance
Enactment Number:14476
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19130 Final Action Date: 7/23/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS
AND SIDEWALKS/ CONSTRUCTION, EXCAVATION, AND REPAIR/
CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET
IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS
IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE
OR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION,"
TO PROVIDE FOR THE INCREASE OF THE CONSTRUCTION VALUE
THRESHOLD THAT TRIGGERS REQUIRED STREET IMPROVEMENTS,
REDUCING THE MAXIMUM PERCENTAGE OF REQUIRED RIGHT-OF-
WAY IMPROVEMENT COSTS FOR PROPERTY OWNERS, AND
REQUIRING COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
(ADA) AND LIFE -SAFETY REQUIREMENTS PRIOR TO THE ISSUANCE
OF CERTIFICATES OF OCCUPANCY; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 54-56 of the Code of the City of Miami requires the
construction, reconstruction, or repair of adjacent street improvements when certain
property improvements occur; and
WHEREAS, the City seeks to update the construction value threshold that
triggers these requirements to better reflect current construction costs and development
conditions; and
WHEREAS, increasing the threshold from One Hundred Thousand and 00/100
Dollars ($100,000.00) to Three Hundred Thousand and 00/100 Dollars ($300,000.00)
will help ensure that the requirement for adjacent street improvements is applied more
appropriately to projects of sufficient scale; and
WHEREAS, the City Commission also finds it appropriate to adjust the maximum
percentage of required right-of-way improvement costs borne by property owners in
order to provide a more balanced and equitable framework; and
WHEREAS, in addition to the City's continued use of the essential nexus/rough
proportionality evaluation that is required by the Director of Resilience and Public Works
in the determination of improvements, the City Commission finds it beneficial to
incorporate an additional review process and to further clarify the necessary evaluation
conducted; and
WHEREAS, ensuring compliance with the Americans with Disabilities Act (ADA)
and applicable fire and life -safety requirements prior to the issuance of certificates of
City of Miami File ID: 19130 (Revision: A) Printed On: 8/4/2026
occupancy supports the City's commitment to public safety, accessibility, and
responsible development; and
WHEREAS, it is best interests of the community to facilitate development to
improve the right-of-way for the benefit of the residents of the City as a whole;
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 54/Article II/ Chapter 54 of the City Code is further amended
in the following particulars':
"CHAPTER 54 STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR
Sec. 54-56. Construction, reconstruction or repair of street improvements required when
adjacent to a non -homesteaded property is improved by construction of $100,000.00
$300,000.00 or more in value or exceeding 1,000 square feet in floor area; restriction.
(a) Sidewalks, curbs or gutters, pavement, modifications to existing drainage,
sodding, and any other right-of-way improvements deemed necessary by
the director of resilience and public works (hereinafter "street
improvements") shall be constructed, reconstructed or repaired, except as
provided below, when any adjacent property located within the corporate
limits is improved, altered or modified by the construction, reconstruction,
addition, or change of use of any type of building, structure or parking
facility amounting to $100,000.00 $300,000.00 or more in total value, or
when such building, structure or parking facility to be constructed,
reconstructed or when there is an addition or change of use which is 1,000
square feet or more in floor area, for which a permit is required.
(b) Except for properties adjacent to a right-of-way subject to a street master
plan as defined in section 54-60 of the City Code for which payment into
the enhanced right-of-way trust fund in lieu of construction of street
improvements is required, the director of the resilience and public works
department of the city shall notify the applicant/qualifier for the permit by
noting on the approved plans that the street improvements adjacent to the
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: 19130 (Revision: A) Printed On: 8/4/2026
lot or parcel to be improved, altered or modified shall be constructed,
reconstructed or repaired. Said required street improvements shall be
imposed to the extent that there is a rational nexus between the need for
the improvements and the proposed development of the property adjacent
to the right-of-way. The applicant/qualifier or his/her engineer prior to the
commencement of building permit application process, may informally
seek the advice of the Director of Resilience and Public Works or his/her
designee, in order that the applicant/qualifier may become familiar with the
street improvements deemed necessary. This preliminary conferral shall
serve to inform applicant/qualifier of the necessary street improvements
based upon the boundary survey, site plan and estimated construction
cost at the time of the conferral. Said street improvements may extend to
the centerline of the street and shall be constructed within or adjacent to
the established base building lines to the proper line and grade as
determined by the resilience and public works department on all roadways
within the corporate limits. In the event that the surface of any existing
street improvements is uneven, cracked, broken or marred, these portions
of the street improvements shall be replaced by the applicant/qualifier.
(c) LU The magnitudc construction cost of the required street improvements
shall not cxcccd tcn perccnt of thc total valuc of thc for permitted
improvements, alteration or modifications on said adjacent property
of non -homesteaded properties shall not exceed the total value of the
improvements as follows: (i.) three percent (3%) for residential less
than $1,000,000.00; (ii.) four percent (4%) for residential greater than
$1,000,000.00 or existing residential properties; (iii.) four and one-
half percent (4.5%) for existing commercial properties; and (iv.) five
(5%) for new construction of commercial properties. The cost of the
required street improvements shall be roughly proportional to the
impact of the proposed development on the adjacent right-of-way.
For cxis#+ng s+r 4c fa y residences, the required street
improvcmcnts shall not excccd fivc perccnt of the total valuc of thc
L
property.
For properties adjacent to a right-of-way subject to a street master
plan for which payment into the enhanced right-of-way trust fund in
lieu of construction of street improvements is required, the cost of the
improvements otherwise required to be constructed by the property
owner absent the property's inclusion in a street master plan shall be
calculated by the department of resilience and public works. For the
purposes of payment into the enhanced right-of-way trust fund, this
amount may not exceed those limitations found in this subsection for
the percentage of magnitudc the construction cost of street
improvements. The amount to be paid into the trust fund shall be less
any improvements required by the director of resilience and public
works to be constructed by the property owner to remedy life -safety
issues and comply with the Americans with Disabilities Act of 1990,
as amended.
City of Miami File ID: 19130 (Revision: A) Printed On: 8/4/2026
If a property owner disputes the determination of the Director of
Resilience and Public Works with regard to the essential nexus
and/or the rough proportionality, the property owner may seek review
in writing and verified with supporting documentation to the City
Manager or his/her designee within thirty (30) days of final
determination of the Director of Resilience and Public Works. The
City Manager or his/her designee shall have thirty (30) days to
examine the determination of the Director of Resilience and Public
Works and the dispute as alleged by the property owner. The City
Manager or his/her designee's decision will be final.
(d) The director of the resilience and public works department of the city is
hereby directed to withhold or withdraw the certificates of occupancy or
use until such street improvements are ADA compliant and comply with
applicable fire and life
safety codes/requirements or are properly constructed, reconstructed or
repaired as provided in subsections (a) and (b) of this section. If a
temporary certificate of occupancy is allowed without the complete proper
construction, reconstruction or repair of such street improvements but
being ADA compliant and meeting applicable fire and life safety
codes/requirements, a hold harmless and indemnification agreement for
the benefit of the City, in a form acceptable to the City Attorney, will be
required by the property owner(s).
*11
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:
ng III, C ty ttor -y 4/14/2026
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: 19130 (Revision: A) Printed On: 8/4/2026