SR.1 - Increase Street Improvement Threshold Value

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 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

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ARTICLE II. CONSTRUCTION, EXCAVATION, AND REPAIR

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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 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 )     (1)The magnitudeconstruction cost of the required street improvements shall not exceed ten percent of the total value of the 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 existing single-family residences, the required street improvements shall not exceed five percent of the total value of the permitted improvements, alterations or modifications on said adjacent property.

(2)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 magnitudethe 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 andPublic Works with regard to the essential nexus and/or the roughproportionality, the property owner may seek review in writing and verified withsupporting 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 examinethe determination of the Director of Resilience and Public Works and thedispute as alleged by the property owner. The City Manager or his/herdesignee’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 ofoccupancy is allowed without the complete proper construction, reconstruction orrepair of such street improvements but being ADA compliant and meeting applicablefire and life safety codes/requirements, a hold harmless and indemnificationagreement for the benefit of the City, in a form acceptable to the City Attorney, will berequired by the property owner(s).

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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.