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Ord. No. 04-07-1905ORDINANCE NO. 04 -07 -1905 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO UNITY OF. TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors to, the City of South Miami by enhancing the provisions of the city's land development code by providing additional options, which options would facilitate the growing trend of mixed use development; and, WHEREAS, the city's Land Development Code provides enhanced regulation of building construction and regulation within the city; and, WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city only allowed certain developments if the property was tied to a "unity of title ", and, WHEREAS, A Unity of Title is a written agreement executed by and between a property owner and the city, whereby the property owner for a specified consideration by the city agrees that the lots constituting a building site shall not be conveyed, mortgaged and /or leased separate and apart from each other, and that they shall be held together as one tract; and, WHEREAS, it is in the best interests of the city, and consistent with mixed use development trends, to provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solely the option of a unity of title for development; and, WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project could be developed with multiple ownership, rather than a single individual; and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's Land Development Code by providing options to the city, its residents and its businesses Page 1 of 7 Ord. No. 04 -07 -1905 by providing alternative mechanisms for achieving the site plan protection the city desires; and, WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed amendments; and, WHEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, of the Land Development Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -5.16 is amended to reads as follows: 20 -5.16 Unity of title submittal procedures. Either a Unity of Title, as defined in section 20 -2.3, or a Declaration of Restrictive Covenants in Lieu of Unity of Title shall be required as specified below and shall be a prerequisite to the issuance of a building permit. (A) Requited. A_ Unity of Title or a Declaration of Restrictive Covenants in Lieu of Unity of Title shall be required in the following cases: 1. Whenever the building site consists of more than one lot or parcel and the main building is located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site. 2. Whenever the building site consists of more than one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements. 3. Whenever a Unity of Title is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the City Commission. (B) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title shall be submitted to the Planning and Zoning Department. Page 2 of 7 Ord. No 04 -07 -1905 (C) Approval. Once a Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title has been approved by the City Commission, it shall be subject to approval by the City Attorney as to form and content. (D) Recording. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County prior to the issuance of any building permit. The Unity of Title or Declaration of Restrictions in lieu of a Unity of Title shall run with the land and shall be binding upon the property owner, his /her successors and assigns. The owner shall pay the fee as required for recording a Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title in the Public Records of Miami -Dade County. (E) Release. Any Unity of Title or any Declaration of Restrictions in Lieu of Unity of Title required by this section shall not be released except upon approval by resolution passed and adapted by the City Commission, after a public hearing, and executed by the City Manager and the City Clerk. The release of the Unity of Title or the Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally required the execution of the subject Unity of Title. (F) Required provisions to be included in the Declaration of Restrictions in Lieu of Unity of Title. 1. The site or property shall be developed in substantial compliance with the site plan or development order approved by the City Commission. No modification shall be effected in said site plan without the written consent of the then owner(s) of the Property, and the submittal of an application to modify the plan or covenant at public hearing before the City Commission. 2. If the Property is developed in phases, each phase will be developed in substantial accordance with the site plan. 3. In the event of multiple ownership subsequent to said site plan approval,. each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument. Owner further agrees that it will not convey portions of the Property to such other parties unless and until the Owner and such other party or parties shall have executed and mutually delivered in recordable form, and instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: Page 3 of 7 Ord. No. 04 -07 -1905 (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) appropriate reservation of rights to grant easements to utility companies; (xi) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and the like. Page 4 of 7 Ord. No. 04 -07 -1905 (xiii) Appropriate agreements to ensure that the property owners are bound by any existing and enforceable declarations of restrictions tied to the underlying properties. The easement provisions or portions thereof may be waived by the City Attorney, if they are not applicable to the subject application. When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the City Attorney. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. 4. The provisions of the Declaration of Restrictions in Lieu of Unity of Title instrument shall become effective upon their recordation in the public records of Miami -Dade County, Florida; and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the Property and the City Commission, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. 5. The provisions of this instrument may be amended or modified by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any, after public hearing. Should this Declaration of Restrictive Covenants be -so amended, modified or released, after public hearing and approval of the City Commission, the City Attorney, or his /her successor, shall forthwith execute a written instrument effectuating and acknowledging such release. 6. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This Page 5 of 7 Ord. no. 04-07-1905 enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. Invalidation of any of the covenants identified in this section 20- 5.16(F), by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 8. All rights, remedies and privileges granted pursuant to the Declaration of Restrictions in Lieu of Unity of Title shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the parry exercising the same from exercising such other additional rights, remedies or privileges. 9. In the event of a violation of this Declaration, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as the Declaration of Restrictive Covenants in Lieu of Unity of Title are complied with. 10. The Declaration shall be recorded in the public records of Miami - Dade County at the Owner's expense. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Land Development Code. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this20tWay of February, 2007 ATTEST: APPROVED: PIN Ct f Y CLE YOR Page 6 of 7 Ord. No. 04 -07 -1905 Is' Reading — 12 /1 9/ 0 6 2nd Reading —2/20/07 COMMISSION VOTE: 4-1 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Birts: Yea Luis R o, Commissioner Palmer: Nay Nagin Gallop Figueredo, P.A. Commissioner Beckman: Yea Office of City Attorney Page 7 of 7 south Miami JUI- AmericaCillr i I CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER. INTER -- OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members of the City Commission. Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Direct Date: January 23, 2007 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16 {F} TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Background: Section 20 -5.16 of the Land Development Code, requires a Unity of Title when a proposed development project is to be built on two or more platted lots. The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed by and between a property owner and the City of South Miami, whereby the property owner for specified consideration by the City agrees that the lots and/or parcels of land constituting the building site shall not be conveyed, mortgaged. and/or leased separate and apart from each other and they shall be held together as one tract." The proposed amendment to this Section 20 -5.16 simply allows the City to accept a "Declaration of Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and platted lots. A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments utilized by municipalities to implement land use controls on property. Where a Unity of Title generally requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the parcels separately a Declaration of Restrictions in lieu of amity of Title essentially provides the City a better mechanism for imposing additional restrictions. Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the land and limit the future use of the property. Deed restrictions may impose a variety of limitations and conditions, for example, they may limit the density or dictate the type of structure that can be erected, or prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows 2 for Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a development project on two or more abutting platted lots. Planning Board Action: The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4 ayes 2 nays recommending denial of the proposed amendment. Recommendation: It is recommended that the draft ordinance be adopted. Backup Documentation: Proposed Ordinance Planning Board Meeting Minutes Excerpt 11 -29 -06 Public notices JP/SAY P:tComm Items1200711- 23- 071PB -06 -036 LDC Amend Unity 20 -5.16 CM Report.doc U Sr Z' N EORPUKALt 9927 / � R 9 71 -1 14 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent:-Ms. Yates City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning Board Secretary). M. Planning Board Applications { Public Hearing (E)PB -06 -036 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH X AMI, FLORIDA, AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Action: Mr. Farfan read the ordinance into the record. The City Attorney Eve Boutsis provided a background summary on the proposed ordinance. Ms. Boutsis indicated that presently Section 20 -5.16 of the Land Development Code requires a Unity of Title when a proposed development project is to be built on two or more platted lots. However, Ms. Boutsis stated that malting the change to allow developers to form a joint venture would Planning Board Meeting November 29, 2006 Page 2 of 2 benefit the city because it would allow South Miami to impose more demands. Additionally, this ordinance is in the best interests of the City and consistent with mixed use development trends. it will provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solely the option of unity of title for development. Furthermore, she noted that the use of declaration of restrictions in lieu of unity of title would provide the same safeguards, and will allow for a project to be developed with multiple ownership, rather than a single individual. Chairman Morton opened the public hearing. Speakers: NAAIE ADDRESS SUPPORT /OPPOSE Kathy McCann Opposed Ms. McCann indicated she did not see the advantage of the City using the declaration of restrictions in lieu of the declaration of restrictions. Dean Whitman Opposed Mr. Whitman: expressed his concern of the proposed ordinance and stated that the change was not needed but seem to him dangerous to get into. Chris Cooke - Yarborough Neutral Mr. Yarborough first expressed his concern for why was the proposed ordinance drafted in the first place. Secondly, he noted his skepticism about the ordinance because the current unity of title works fine, therefore, if the ordinance is not faulty then why should it be changed. However, he urged the Board to review thoroughly the ordinance and determine if indeed it was in the City's best interest. Beth Schwartz Opposed Ms. Schwartz re- iterated Mr. Whitman concern about the ordinance and urged the Board to not support the ordinance because it is a dangerous change for the City. To conclude she noted that the proposed ordinance is not a good idea. Chairman Morton closed the public hearing. Motion: Ms. Young made a motion recommending denial of the proposed ordinance. Ms. Beckman seconded the motion. Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan) K:\PB\PBMinutes\2006Minutes\PBMINS 11 -29 -06 Excerpt 06-036. doe f CD "�'.. _ THE a #tIa# abpllt schDDl > And you thought they'd Jtever_say ICsds spend more tune - i4eFs 3 tlualtg>t stlz trade ,Y , a � n -. efscLooi t#iati at home . Acadrimc Frtrichrpent Classes vii , Nlakethemastaithatttme. b�jypamshC]assesforK5thG_rade - . Stateof- -the Art Media Center. - �epc, laagk [urins at: � -' -and - _ .:gully Etiuipped,Science Lah - _ : -.. • SmaU Qass Sues a _ - :Extended I3ay Programs Lu .:s Lu hfantrf'oddler Pf ogram Accredited by Christian Schou]s of Flonda E KEN©ALLCHRIST{Ah! - - -_ - A Ministry of Keadali Presbytenam: C3oirL -.,f -- ' , - - z = OPEN HOUSE WED: JAN. 17 •. 9. 00 AM' . 8455 SW "12th St.,Miarill,TL33156 •,(305 271 3723 _ r wwwl�endaIicSarisftan,ctim - �' Y ytlnl.��. - . - RTE.­SY NOTICE -00L CCTY: OF;SOut MWAMI; - -FL WbA - - - or Tuesday -Jamiery 23 2007,�heglnn1%, at 7:30 lrt the CE3}r bommisslon t Chambers, 6330 Sunset Dnva, the CityCammissron will hold Pubhc,Heanngs to - consider thafoltowingItems: - AN ORDINANCE RELATING 70 DRAfNAGE AMENDINo SECTION y0A-46 OF - - i= THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN ? - STORMWATEFI DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT' -- - - THAT WOULD RESULTIN CONTRIBUTING TO OR CAUSING RECURRENT OR' - EXCESSIVE PONDING ON ADjoINING PROPERTIES OR -PUSUO RIGHTS- -THE OF WAY AND TO AMEND THE PERMITTING PROCESS SD AS TO ENSURE . _ PROPER REVIEW AND DRNNAGE AN ORDINANCE Ft LA i 6 TO CERTIFICATr=S OF OCCUPANGY AMENDING SECTION 20 5.16 REtRT3NG TO UNITY OF-TITLE; "CREATING SUSSEC710N - _ 20- 5.16(F} TO PROVIDE FOR THE OPTION Of USING A DECLARATION OF ` - - - RESTRiCTNE C0YE1+fANTS IN LIEU OF. UNf -Y OF - AN ORDINANCE : RELATING TD ;THE LAN i7 - DEVELOPMENT CODE _ - AMENDING SECTIONS 20 -7.30 AND 2D -8.15 RELATING TO UNITY OF TITLE;. - - ' PROVIDING FOR THE OPTION OF USING A bCCLARATION -OF RESTRICTIVE ' COVENANTS IN LIEU OF UNPM OF,.TITLE - . ' A FiESOLI]'TIDN RELATING TO H.REQUEST FOR THREE VARIANCES FROM - SECTION 2045(E) OF THE "AND DEVELOPMENT CODE IN ORDER TO; 'ALLOW THE.CON5TRJGTION OF A TW4 STORY SINGLE FAMILY HOME ON'- . - PROPERTY LOCATED _AT 6350 �SW 11 AVENUE, SOUTH MIAMI, FLORIDA, _ WITHIN THE "RS =4" SINGLE FAMILY RESIDENTIAL' ZONING USE DISTRICT;..'. - - - .THE-VARIANCES REQUESTED ARE (1) A VARIANCE TO ALLOW THE LOT" - SIZE OF A BUILDING SITE TO BE 4796, SQUARE FEET WHERE AMINIMUM -- LOT SIZE OF'BODO SQUARE FEET - IS.REQUIRED;AND -47 FEET'OF-: _ ` - FRONTAGE WHERE BO FEET JS REQUIRED; ( A VARIANCE-' PERMTr AN_ ' . INTERIOR SIDE YARD SECOND. STORY SETBACK TO BE 9 FEET 9 INCHES.;. -_ t, - - WHERE FEET'IS REQUIRED-:(3} A VARIANCE TO ALLOWmTHE SQUARE <_ _ - ,10 FOOTAGE OF THE SECOND STORY TO BE THE SAME-SQUARE FOOTAGE - (100°k) AS THE FIRST FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO. BE LIMITED TO 6D% OF THE FIRST -FLOOR SQUARE .. ` FOOTAGE': - P. RF�OdriiON RELATING 7p' =A REQUEST FOR- VARIANCES FROM _ SECTION 2o-3.5[E)' OF THE LAND "DEVELOPMENT CODE IN ORDER TO - _- - _` .ALLOW THE CONSTRUCTION OF 'A ONE STORY SINGLE FAMILY HOME ON . -. PROPERTY LOCATED AT ( MIS t;3 STREET, SOUTH.MYAMI. FLORIDA, • - SW WITHIN THE "RS -4 °. SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;':' .. THE VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK --TO BE 23 FEET 10 INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED - - A RESOLUTION RELATING TD THE ISSUANCE OF'A CERTIFICATE OF •'.' . APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND - p_VELOPMENT CODE FOR THE REPLACEMENT OF WINDOWS IN A SINGER . TAMELY - RESIbENGE LOCATED`ATi6250.:MILLER ROAD WRHIN.THE -- - ' CAMBRIDGE LgWkIS- HISTORIC DISTRICT _ - Above [i9ii:5.cen lie inspected Iri the City Cleric's &Iica,'Monday Fdday cfuririg _ ! - re plan office hours - I€ you have anyinglJlneS on the above Items please eont_act tha City Clerk 5 bffce - - ' ALL tntarested parties are imhted to attend and wrll be heard - - - : Maria IA. _Manent3OZ, CMC - - .- ' Pursuant to Flarl6a Statutes 286 6105, the CEly hereby edvrses the AYbGC'tirat lf,a parson decides to aApael any decision made Try Ws Seeid, Agency or Commisslon with respect tc any matter cons em:d at hs m=ating to hearing, he or she qrg need a =cord of the proceedings. _ _ - ' and that for such purpose, affected person may need to ensure that a vetbatrm record, of the Proceedings Is made which record Includes the testimony and evidence upon which the appeal - - - - b be ased. ' _ - / f . k }�£ m� !!101, 1 gag t g| |e 1 H ` b! §£ ! #; # ;E& !2 ©!]!J !® !!| ! f f =22 ION ! ■;2 :, f ��, E. _ -. ®ice _ �) � %!■7n ■! ;�(!7 , - ! ^ m;w §- � )I_!! - � -8�;,� )§ _! 2w kCr WZ3 3 7= {kk) ■!121' # 6` �§tI /� 0. x2 § -� °`: W • - [\ \ § so 0 4 Cd Y Q } Q z 0 a w s cr) i COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, February 6, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive,. the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE RGI THREE MONTH i PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3) {f}. 41-AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. A RESOLUTION RELATING TO A REQUEST FOR A .VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET 15 REQUIRED; ON PROPERTY LOCATED AT 1 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA; WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(8)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY CAFE IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI ING PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI -DARE GOUNA FLORIDA. I Above items can be inspected in the City Cleric's Office, Monday - Friday during regular office hours. iIf you have any inquiries on the above items please contact the City Clerk's office at 305 -663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a reoord of the proceedings, and that for such purpose, affected person may need to ,re oh i a .mrha +irn ro ,i of ihp nmr 1inne ie marlp whirh mrnrd inchtrlac Shp. The Community Image Advisory Board (CIAB) invites poster to "Clean Up and Green Up" our community. Be c the slogan as part of a poster design. Include your na grade, home address, phone number or email on the bac ElemlMid /Nigh School Prizes (prizes for each school level) 1st Place - XBOX 360 2nd Place - IPod Nano 3rd Place - Elementary: 4 tickets to Disney World Middle /High: 4 tickets to Universal Islands of Adventure Entries Due 5:( Thursday, Febr Submit entries to: Cleo Poi CIO Ma All artwork most be original, not dedva6ve and not generated by computer. You may use any medium exD notbe retumed, Artwork cannot be anyfargerthan 1417. Alf entries become property of the Warm Herak Board and Newspaper in Educallon. ORFATfp MEANE �'� �� M�IAMI DE co�+vew�3o>r a +nS�TOp6 BUpFAU 1 NEIGHBORS CALENDAR • CALENDAR, FROM 46 SW }04th St., Kendall; $45. To regis- Miracle M ter, call 305- 237 -2600 or go to Ciuh: Imp mdc.edu /kendall /ce and click on as a bette story: 6:30 -8:30 p.m. Wednesdays Environmental Center; use reference tener and Jan. 31 -March 21; number 411789- 1:30 p.m. • Writing Mysteries and Crime Fic- Reflective Writing: Learn journaling Miracle M tion: 6:30 -8:30 p.m. Thursdays Feb. and writing techniques for personal lunch fee: 1 -March 22; growth and healing; 7:30 -9 p.m. Mon- 786 -399- • When Silence Speaks - Poetry and days; South Miami Hospital, 6200 SW maya @et the Promised Land: 6:30 -6:30 p.m. 73rd St., South Miami; $10 per session. Practical Thursdays Feb. l -March 22; 786-662-5200. __ --' the the book • Writing Flash Fiction, Subversive USA Dance [nc.. Ballroom dance les- tan's The Fiction and Magical Realism: 6:30- sons from the nonprofit organization; 9:30.11 a.; 13:30 p.m. Feb.] -March 22. 7 -9 p.m. Mondays; South Miami and Nobl Introduction to Nature Writing -Re- Lutheran Church, 7190 Sunset Dr., Kendall; f sponding to Our Environment: South Miami. 305 -387 -1342. Rotary CI Everything from grammar to the writ - Palmetto ing process to a sampling of favorite CLUBS /MEETINGS ings;l2:L nature authors are covered in this Roma's,1 course. Practice developing a style Kendall Professional Group: Business Say; $10. while discovering content and ins pi- networking and referrals; noon first 305-252 - ration in nature while working in a Thursday; Steak and Ale Restaurant, 305-323 - nature preserve; 1-3 p.m. Saturdays, 9090 SW 97th Ave., West Miami- South Da Feb, 3 -17; The Environmental Center Dade; first meeting free. Call Ira Marks The club' at Miami Dade College- Kendall,11011 at 305 -387 -3474. tion inclu The Community Image Advisory Board (CIAB) invites poster to "Clean Up and Green Up" our community. Be c the slogan as part of a poster design. Include your na grade, home address, phone number or email on the bac ElemlMid /Nigh School Prizes (prizes for each school level) 1st Place - XBOX 360 2nd Place - IPod Nano 3rd Place - Elementary: 4 tickets to Disney World Middle /High: 4 tickets to Universal Islands of Adventure Entries Due 5:( Thursday, Febr Submit entries to: Cleo Poi CIO Ma All artwork most be original, not dedva6ve and not generated by computer. You may use any medium exD notbe retumed, Artwork cannot be anyfargerthan 1417. Alf entries become property of the Warm Herak Board and Newspaper in Educallon. ORFATfp MEANE �'� �� M�IAMI DE co�+vew�3o>r a +nS�TOp6 BUpFAU 1 �47 !.- . a. `d t r r rl Mn k A A, inclaba AtrlconFArt, Gallery ' �" R TOTAVClEARANCE SALE G j CONTINUES `TIL EVERYTHING k " IS 6m.." GREAT: STUFF f `p �F BULOUS PRICES A „ Attention Designers "Decorators t ArchltectsxCal[ectors �rt enthusiasts - V,. ilniquecfecos[ter•ris Or[ginal,4fricanar# Glraffes`Ele'phants Museum quality masks , s atues stoolS sketW .. INon- Thur�7 T.FrI /Sai 1,1 -70, Sun:12�: 2029 HarrF .on St ,Hollywood;" 954.920 2029 , s, (D 4 �3 .�' r r y y Ma r " 1 COURTESY NOTICE . ' CITOFSO[JTH MIAMI, FLORIDA Y 'Ori,Tuasday .Februery-2U 200 , beglnnin� at 7 30 p.m Iq the Olty ' ;�TQammlaslan >Cilambars;• 613D':Sunaet "Drne� the City Commission _- E-i"'Immm ic Hearinga to ctinslder She igllowmg Rems ; rNANCE .�rRELATING`� 30 OERTIFfCATES' :OF Y; �-: AME, NDINGr5ECTION '.20- fi:iB�.RELATING'�TO `,_ °'fi"fLE; ".CREATINGrsuBSEGTION:2o- 516(Fy TO " OR THE - OPTION OF= ti5ING'A °DECLARATION,O� E :CDVENANTS]N -LIEU DE:UN1Tj':OF.TITLE -.- .- A.r.__rt r,r.�r.rne ._ere eTrsn Tn Sr+eoTicsr�erre..'.,:;ne -i's r pA,CVIIVIV ZlFA.9s6)t4if1�) -VG -F0 L '?4Y 1/C��i- vrrvi�rvF �+�L� - _,' FOR- SP-ECIW USE PPRDVA: TO'LOCATE'A RESTAURANTS' -'TO BE' CALLED -GIGGLE'CITY PLAY CAFE IN THE-"SR'(HD)" 'SPECIALTY RETAILLHOMETOWN DISTRICT. OVERLAY ZONING B €STRICT SPECIFICALLY LOCATED AT;5701.;5UiN5ET DRIVE {SHOP$ AT SUNSET PLACE). A RESOLUTION RELATING` -TO A REQUEST.- FROM HABITAT FOR= HUMANrrY. Or-` GREATER - MIAMI' INC "PURSUANT JO SECTION'24.5:16(s) OFTHE'LAND'DEVELOPMENT CODE;TO , ALLOW-= THE'RELEASE OFiA UNITY. OF. TITLE EXECUTED ON MARCA'20; - 2006 % WHICH - COMBINED INTO -ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 -; FT. OF LOT•78 & LESS EXT. AREA OF CURVE IN NE CORNER.;,- (635.6 SW 60th - 'AVENUE) AND THE EAST 1 /2 OF LOT 79,(6016 " SW 63" STREET) BLOCK _141' FRANKLIN: "SUBDIVISIO AS RECORDED, IN PLAT BOOK "5; AT PAGE 34 PU9LIC RECORDS OF MIAMI 1]ADE:COUMM.FLORID 366 IS yon have eery Inqu]Nea n. the above Items please contact the Gfty. Cleves otjlce et - ' 663 -6326 - ALL Inlets tad pads i- vEietl to attend end wlEl 6e heard w ai I May la M:^ Menendez, CMC jj of Pursuant to Florl Statutes 266 6105 the CItY h by ad !s the puol€c That 6 e parson I - :_ decides fa appeal aarrtyry declsl n made oY ihie Board Agency ar Cammfssien vnth respect I ' to any matter�conslderad a! fts meeting- or:heacing, he ar ahe will need a record or the - - pmceedl"gp..end Shat -tar such purpose; affer'a person mayy sad to ensure that a - verhallm record of the proceed €rge fs m de .122 record ]naiades the tosti"ny end evEtlenee upoq hlehthe appea! Is to oe based - '- _ - MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR FEBRUARY 20, 2007 in the XXXX Court, was published in said newspaper in the issues of 02/09/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose Of securing thi dvert'se r publication in the said newspaper. Sworn to and subscribed before me this 09 EBRU A.D. 2007 (: (SEAL) O.V. FERBEYRE personally known to me �00 ftf. Maria I. Mesa My Commission DD293855 %JV Expiees March 04, 2008 ~CITY. GF: "SOUTH MIAMI W. NOTICE OF PUBLIC .HEARING `- NOTICE IS HEREBY given that the Cary Co[3lmisslon o €the City o€ South Miami; Florida will conduct Public Hearings of Its;l:egular City Commis sion meeting .scheduled for Tuesday, February 20, 2007 beginning it 7:30 p.m.. in the City-Co. ission Chambers 6130 Sunset :Drive, to consider the following items AN ORDINANCE OF.THE NIA_ AND CITY COMMISSION OFTHE .CITY OF ":SOUTH MIAMI FLORIDA; .RELATING TO CER'T'IFICATES 'OF A - .00CUPANCY MEN❑ING "SECTION 20-5.16 a- RELATING:: TO ;UNITY 0.. TITLE; ,"CREATING <` SUBSECTION 20- 5.16(F) TO PROVID FO ..THE 0rTI"ON OF USING A DECLARATION.OF.RESTRICTIVE COVENANTS IN LIEU- OF - UNITYOF,TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IIV CONFLICT, AND AN EFFECTIVE DATE. AN; ORDINANCE OF THE MAYOR AND CITY'-66 ASSi6N OF: -THE CITY OF- SOUTH_; MIAMI,'FLORIDA,,- _RELATINO TO :'CERTIFICATES OF.'- OCCUPXNCY,__�AMt4bl VG ,.SECTION 20-7.3 'AND :20 -B 1f; 'RELATINEI jbi UNITI' , OF, ;TITLE -:PROVIDING FOR.THE 0PTION OF.:USING A; DECLARATION OFRESTRICTIVE COVENANTS IN LIEU OF UN]TY'OF,i`ITLE PROVIDING FOR P SEVERABit.ITY, `-ORDINANCES;, IN - CONFLICT, AND AN EFFECTIVE DATE. - A RESOLUTION OF ".THE MAYOR & CITY COMMISSION OF THE CITY�7'OF.SOUTHWIAM �LORIDA-'RELATtNG``TO A - REQUEST. FOR A _VARIANCE FROM- SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO-ALLOW THE LOT SIZE: ?;.70F A`BUILDING'--SITE 70 BE 7003 SQUARE FEET WHERE A :'MINIMUM. LOT S1ZE.OF'7500,SQUARE FEET IS "REQUIRED- AND bD : ;FEET';'OF .FRONTAGE ';:INHERE . 75 FEET !S REQUIRED; -ON PROPERTY LOCATED AT''lal SW 62 ' AVENUE SOUTH _ -MIAMI, `- FLORIDA, - WITHIN THE `r °RO RESIDENTIAL = OFFICE -`ZONING USE DISTRICT _;?THE , PURPOSE.- "OF t�THEL,, VARIANCE IS TOPERMIT:`THE CONSTRUCTION OFATWO-STORY OFFICE BUILDING; AND PROVIDING FOR AN. EFFECTIVE DATE A'RESOLUTION OF;THE MAYOR M6 CITY:;COMMISSION :- OF -THE CITY ORSOUTH MIAM! RELATING TO A REQUEST. PURSUANT 'TO :SECTION `_2q 3 {B)(4) @} 01= THE. LAND DEVELOPMENT:Cbbt'FOR SPECIAL USE_APPROVAL- TO. -;. ".'LOCATE-- A__REST_AURANT`TO" BE'CALLED ,GIGGLE,:CITY. PLAY CAFE ]W THE aSR, (HD)'__: SPECIALTY .:RETAIL HOMETOWN _ ©ISTRICT OVERLAY :;ZONING DIS7FiICT SPECIFICALLY" LOCATED AT;5701'SUNSET DRIVE _(SHOPS AT SUNSET�PL ACE); t'ROVIbING AN EFFECTI ' A .RESOLUTION OF -THE MAYOR AND CITY_.COMMISSION " OF-THE crnY' F SOUTH MIAMI, RELATING;TOA REQUEST FROM HABITAT FOR HUMANITY OF,_GREA'I'Ehi_M1AMI,INC PURSUANT TO SECTION. 20 5.16(e) OF THE LM6 DEVEL F OPMENT CODE To ALLOW THE RELEASE OF A UNITY OF TITLE. EXECUTEI] ON. MARCH. 6, 2D06,WHICH .COMBINED_. INTO ONE BUILDING.-SITE i-THE ;FOLLOWING ,PARCELS LOTS 77 &78 LESS.NORTH 5. FT:.OF LOT;7I3 &LESS EXT AREA OF CURVE IN NE CORNER, (6350 ;SW 6Qtt1, AVENUE) :. AND :THEE -EAST '1 /2 OF LOT 79, .(6016 SW ,63rd STREET) BLOCK.-14, FRANKLIN :SUBDiV1SION, -AS.- RECORDED IN PLAT BOOK -5,'AT PAGE 34,:_PLIBLIC.RECORD_S_.OF 1b11AMI DADE COUNTY,'. 'FLORIDA; PROVIDING- AN EFFECTIVE DATE. If you have any inquiries on the above Items please contact. the City Clerk's office at: 305-663-6340 ALL interested parties are invited to.attend and will be. heard Mana M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, .the City,. hereby_ advises .the public that if a _ peison, ,decides t6 appeal, any decision _ made by this Board, Agencyor.Commisslon with. respect to any matter considered at its meeting or, hearing, he or she will .need a_record of the. proceedings, " :and that for such purpose," affeeted, person may need to.ensure:thal: a .verbatim record of the grnceedings is'made which record includes.the.- testimonv and evidence upon which the appeal is to be based.