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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. SPONSOR(S): Commissioner Christine King WHEREAS, Section 54-56 of the Code of the City of Miami requires the constri tioN reconstruction, or repair of adjacent street improvements when certain property improil4meas occur; and c-ann WHEREAS, the City seeks to update the construction value threshold that tri g rs ttlese requirements to better reflect current construction costs and development conditionsland WHEREAS, increasing the threshold from One Hundred Thousand and 00/1 OO-DoII ($100,000.00) to Three Hundred Thousand and 00/100 Dollars ($300,000.00) will help;-dnsl that the requirement for adjacent street improvements is applied more appropriately to" rr jests of sufficient scale; and e 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 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. 19130 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Section 2. Chapter 54/Article I I/ Chapter 54 of the City Code is further amended in the following particulars: "CHAPTER 54 STREETS AND SIDEWALKS * ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR C) -Fr C) C'3rn -11 Fri Sec. 54-56. Construction, reconstruction or repair of street improvements required n adjacent to a non -homesteaded property is improved by construction of $ 98 $300,000.00 or more in value or exceeding 1,000 square feet in floor area; restriction2"? -'U N ry cm, (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 $4007000.00 $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 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 adiacent to the right-of- way. The applicant/qualifier or his/her enqineer 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (c) Llj The magnitude construction cost of the required street improvements shall 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. PrefleFtY (3) cp For properties adjacent to a right-of-way subject to a street masterplan for which payment into the enhanced right-of-way trust fund in lieu of evnstru ion of street improvements is required, the cost of the improvements ottllrwise required to be constructed by the property owner absent the prop ifs N inclusion in a street master plan shall be calculated by the department ofly resilience and public works. For the purposes of payment into the erihanEd right-of-way trust fund, this amount may not exceed those limitations found in this subsection for the percentage of magnitude 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. 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). THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami Legislation Ordinance Enactment Number File Number: 19130 MAY BE DEFERRED SUBSTITUTED City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co Final Actio Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CH ' -TER 54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MI ' I, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS ONSTRUCTION, EXCAVATION, AND REPAIR/CONSTRUCTION, RECONSTRUC ' ON OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT P' •PERTY IS IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE aR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION," TO P - WIDE FOR THE INCREASE OF THE CONSTRUCTION VALUE THRESHOLD THAT ' IGGERS REQUIRED STREET IMPROVEMENTS, REDUCING THE MAXIM PERCENTAGE OF REQUIRED RIGHT-OF-WAY IMPROVEMENT COST'- FOR PROPERTY OWNERS, AND REQUIRING COMPLIANCE WITH AMERIC A S WITH DISABILITIES ACT (ADA) AND LIFE -SAFETY REQUIREMENTS PRIOR Te HE ISSUANCE OF CERTIFICATES OF OCCUPANCY; CONTAINING A SEVERAB TY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 54-56 of the Co• • of the City of Miami, Florida, as amended ("City Code"), requires the construction, recons ction, or repair of adjacent street improvements when certain property improvements occ , and WHEREAS, the City of Mia ("City") seeks to update the construction value threshold that triggers these requirements t► better reflect current construction costs and development conditions; and WHEREAS, increasi , the threshold from One Hundred Thousand and 00/100 Dollars ($100,000.00) to Two Hu ' • red Fifty Thousand and 00/100 Dollars ($250,000.00) will help ensure that the require nt for adjacent street improvements is applied more appropriately to projects of sufficient sc e; and WHEREAS the City Commission also finds it appropriate to adjust the maximum percentage of rz- uired right-of-way improvement costs borne by property owners in order to provide a mor- •alanced and equitable framework; and W - EAS, ensuring compliance with the Americans with Disabilities Act ("ADA") and applicab fire and life -safety requirements prior to the issuance of certificates of occupancy suppo 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 t-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: City of Miami File ID: 19130 (Revision:) Printed On: 6/15/2026 SUBSTITUTED 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 of the City Code is hereby amended in the followin particulars:I "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAI * * * Sec. 54-56. - Construction, reconstruction or repair of street improve adjacent property is improved by construction of $100,000.00 exceeding 1,000 square feet in floor area; restriction. nts required when 0.00 or more in value or (a) Sidewalks, curbs or gutters, pavement, modificati• s to existing drainage, sodding, and any other right-of-way improvements deem: • necessary by the director of resilience and public works (hereinafter "stree ' mprovements") shall be constructed, reconstructed or repaired, except as provid - : below, when any adjacent property located within the corporate limits is impred, altered or modified by the construction, reconstruction, addition, • change of use of any type of building, structure or parking facility amounti ; to $140,000.00 $250,000.00 or more in total value, or when such building, stru ► re or parking facility to be constructed, reconstructed or when there is - addition or change of use which is 1,000 square feet or more in floor area, for ich a permit is required. (b) Except for properties adj • ent to a right-of-way subject to a street master plan as defined in section 54-• of the City Code for which payment into the enhanced right- of-way trust fund in ' u of construction of street improvements is required, the director of the res - nce and public works department of the city shall notify the applicant/qualifi - for the permit by noting on the approved plans that the street improvement • adjacent to the lot or parcel to be improved, altered or modified shall be construe -d, reconstructed or repaired. Said street improvements may extend to the cent: ine of the street and shall be constructed within or adjacent to the estabf ed base building lines to the proper line and grade as determined by the resi ' nce and public works department on all roadways within the corporate limits. In t event that the surface of any existing street improvements is uneven, cracked, roken or marred, these portions of the street improvements shall be replaced by the applicant/qualifier. The -magnitude -construction cost of the required street improvements shall -net for permitted improvements, 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 unchanaed_material. City of Mlaml File ID: 19130 (Revision:) Printed On: 6/15/2026 SUBSTITUTED (d) alteration or modifications on said adjacent property shall not exceed the total value of the improvements as follows: (a.) two percent (2%) for homestead exempted single-family residences; (b.) three percent (3%) for non -homestead residential Tess than $1,000,000.00; (c.) four percent (4%) for non -homestead residential greater than $1,000,000.00 or existing residential properties; (d.) fr and one-half percent (4.5%) for existing commercial; and (e.) five (5%) for ' -w construction of commercial. 21 For properties adjacent to a right-of-way subject to a street ma which payment into the enhanced right-of-way trust fund in li of street improvements is required, the cost of the improve required to be constructed by the property owner absent in a street master plan shall be calculated by the depa public works. For the purposes of payment into the e fund, this amount may not exceed those limitations the percentage of magnitude of street improvem into the trust fund shall be less any improveme resilience and public works to be constructe life -safety issues and comply with the Ame amended. The director of the resilience and public directed to withhold or withdraw the ce improvements are ADA compliant an safety codes/requirements or are provided in subsections (a) and occupancy is allowed without repair of such street improv fire and life safety codes/ agreement for the ben required by the prop Section 3. If an Ordinance is declare Section 4 adoption there r plan for of construction nts otherwise e property's inclusion ent of resilience and anced right-of-way trust and in this subsection for s. The amount to be paid s required by the director of y the property owner to remedy ans with Disabilities Act of 1990, as rks department of the city is hereby icates of occupancy or use until such street comply with applicable fire and life perly constructed, reconstructed or repaired as of this section. If a temporary certificate of e complete proper construction, reconstruction or ents but being ADA compliant and meeting applicable quirements, a hold harmless and indemnification t of the City, in a form acceptable to the City Attorney, will be owner(s). ) section, part of a section, paragraph, clause, phrase, or word of this nvalid, the remaining provision of this Ordinance shall not be affected. his Ordinance shall become effective immediately after final reading and 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:) Printed On: 6/15/2026 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 19130 (Revision:) Printed On: 6/15/2026