HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney E
DATE: June 22, 2026
RE: Substitution of Item FR.2 on the June 25, 2026, City Commission Meeting —
Amending Sec. 54-56 (Street Improvements)
File No.: 19130
Item FR.2 on the June 25, 2026, City Commission Meeting Agenda proposes to
amend Section 54-56 to increase the construction value threshold and reduce the
maximum percentages of the cost of the required right-of-way improvements. The
legislation is being substituted to increase the construction value threshold from
$250,000.00 to $300,000.00; remove the requirement for homesteaded properties; clarify
that Director of Resilience and Public Works determines that there is an essential nexus
and rough proportionality between the required improvements and the impact of the
proposed development; an ability for a property owner/applicant to confer with the
Department of Resilience and Public Works prior to commencement of the building
permit process; and that the decision of the Director of Resilience and Public Works may
be disputed to the City Manager or his/her designee.
cc. James Reyes, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
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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 constr4tiom
reconstruction, or repair of adjacent street improvements when certain property impro mi s
occur; and cans
WHEREAS, the City seeks to update the construction value threshold that triggers ttese
requirements to better reflect current construction costs and development conditions; and
i -v
WHEREAS, increasing the threshold from One Hundred Thousand and 00/160-Doll
($100,000.00) to Three Hundred Thousand and 00/100 Dollars ($300,000.00) will helpRns
that the requirement for adjacent street improvements is applied more appropriately to$rojinks
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 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.
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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
* * *
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"?
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(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.
(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 Ica L'bnj
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 evnstru ion
of street improvements is required, the cost of the improvements ottllrwise
required to be constructed by the property owner absent the propifs N
inclusion in a street master plan shall be calculated by the department ofN
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.
(3)
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).
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
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19130
MAY BE DEFERRED
Final Action Date:
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, Florida, as amended ("City
Code"), requires the construction, reconstruction, or repair of adjacent street improvements
when certain property improvements occur; and
WHEREAS, the City of Miami ("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 Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) 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, 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:
City of Miami File ID: 19130 (Revision:) Printed On: 6/15/2026
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 following
particulars:I
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR
* * *
Sec. 54-56. - Construction, reconstruction or repair of street improvements required when
adjacent property is improved by construction of $100,000.00 $250,000.00 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 $140,000.00 $250,000.00 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 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) 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
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.) four
and one-half percent (4.5%) for existing commercial; and (e.) five (5%) for new
construction of commercial. ,
21 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 magnitude 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.
(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).
* *„
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
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
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 19130 (Revision:) Printed On: 6/15/2026