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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1181 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO EXCLUDE THE USE OF THE PROCEDURE PROVIDED BY SECTION 55-10(I) TO CONSTRUCT ANY IMPROVEMENTS ON PRIVATE PROPERTY LOCATED WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT PRIOR TO APPROVAL OF THE FINAL PLAT, AND IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 1181 (Revision: 8) Printed On: 6/25/2018 File Number: 1181 City of Miami Legislation Ordinance Enactment Number: 13652 Final Action Date: 12/8/2016 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO EXCLUDE THE USE OF THE PROCEDURE PROVIDED BY SECTION 55-10(i) TO CONSTRUCT ANY IMPROVEMENTS ON PRIVATE PROPERTY LOCATED WITHIN A NEIGHBORHOOD CONSERVATION DISTRICT PRIOR TO APPROVAL OF THE FINAL PLAT, AND IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), sets forth in Appendix A various Neighborhood Conservation Districts ("NCD") which include, as of this date, the following NCDs: Coral Gate (NCD -1), Village West Island District (NCD -2), and Coconut Grove (NCD -3); and WHEREAS, each of these NCDs has unique and distinguishing stable, traditional, and/or historic styles and characteristics in the structures, landscaping, layout, massing, and attributes; and WHEREAS, the City of Miami ("City") desires to be of assistance to the community, the stakeholders, the Owners and the neighbors in enhancing and maintaining these unique characteristics; and WHEREAS, the relaxed construction prior to approval of a final plat made possible by the applicable provisions of Section 55-10 of the Code of the City of Miami, Florida, as amended ("City Code"), is detracting or diminishing the unique characteristics of the NCDs; and 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 the City Code as set forth herein; 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. City of Miami File ID: 1181 (Revision: 8) Printed On: 6/25/2018 Section 2. Chapter 55/Section 55-10 of the City Code entitled "Subdivision Regulations/Building permits; issuance; restrictions; exceptions" is amended in the following particulars:' "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-10. Building permits; issuance; restrictions; exceptions. (a) No building, paving, remodeling or renovation permits shall be issued for any structure, or other on-site improvements, on any land for which a plat has not been recorded in the public records of the county or on a lot of record that has been divided into separate parcels, except as hereinafter expressly provided. (d) A permit may be issued for the repair, remodeling or renovation of a conforming or nonconforming building (other than a &done -family detached dwelling and customary accessory buildings), structure or parking lot 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 that said division of lot was approved under zoning regulations in effect prior to June 27, 1983. Said permit will be for ordinary repairs, remodeling or renovation, for repairs or replacement of nonbearing walls (or of bearing walls where necessary for structural safety), fixtures, wiring or plumbing to an extent not exceeding those applicable provisions of Miami 21 Code, as amended, or the Florida Building Code, whichever is more restrictive. (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 of Miami, Florida, 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 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. ' The 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 Miami File ID: 1181 (Revision: 8) Printed On: 6/25/2018 (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 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). (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 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 City of Miami File ID: 1181 (Revision: 8) Printed On: 6/25/2018 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 Unitv of Title. Notwithstanding the foregoing, as to development of private property within the city, a building permit may be issued only upon the director of the city department of public works, recommending the issuance of the building permit. *„ 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 of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: -\� 1 i ria i "ndez, Cify Attor iey 1 1 /7/2016 Barnaby L. Min, Deputy City Attorney 11/29/2016 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: 1181 (Revision: 8) Printed On: 612512018