_BcAdd -On Item (c)
City Commission Meeting 3 -20 -12
By: Commissioner Welsh
1 RESOLUTION NO.
2 A Resolution to present to the Planning Board a proposal to substantially amend
3 Section 20 -8.9 of the Land Development Code titled Special Exceptions within the
4 T.O.D.D. district, in order to, among other things, include the following: a
5 definition of special exception and Large Scale Development; provisions and
6 conditions for review and approval; deleting minimum lot area; providing for
7 perpetual maintenance; and providing for the expiration and extension of
8 approvals.
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10 WHEREAS, it is the desire of the Administration to provide definitions and a more
11 specific procedure for the review and approval of Large Scale Developments within the City's
12 Transit Oriented Development District (T.O.D.D.); and
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14 WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public
15 hearing, desired to include a perpetual maintenance provision and it adopted a motion by a vote of
16 7 ayes 0 nays recommending approval of substantially all of the amended ordinance that is now
17 being proposed; and
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19 WHEREAS, the City Commission at its March 6, 2012, meeting addressed a more
20 comprehensive change than that which is now being proposed and desires to send the revised and
21 more limited amendment back to the Planning Board for review.
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23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1. The City Manager is directed to present to the Planning Board the following
28 proposed amendment to section 20 -8.9 titled "Special Exceptions ":
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30 20 -8.9 Special exceptions.
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32 A) A Special Exception as used in the T.O.D.D. shall mean a permitted use that complies
33 with all the conditions and standards for the district as well as those set forth below. For
34 those existing uses in this district, any alterations or additions to those buildings that
35 result in the building designated as a Large Scale Development , shall conform to
36 be in eenf rmanee .,, the provisions of this ordinance however-,. Eexisting heights of
37 existing buildings and existing floors may remain in their current condition; however, at
38 eurrent heights and additional floors, if authorized, may be added above in accordance
39 with this ordinance. i?.,g gas station uses may be permitted to have a one tii
40 alteration to allow for- the addition of additional floofs above.
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42 (B) Any site that is in excess of forty thousand (40,000) square feet or any development,
43 as defined in section 380.04, Florida Statutes (hereinafter referred to as "Development"),
44 in excess of four stories shall qualify be designated as a Llarge Sscale Ddevelopment
45 use and must-,Lit shall be reviewed by the Planning Board via the speeial mi*
46 preeess. and it shall require approval by the City Commission. The square footage of an
I alteration or addition to an existing site and the square footage of the existing site that is
2 being altered or to which an addition is being proposed shall be included in the
3 computation of the size of the Development project in order to determine if it is a Large
4 Scale Development.
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8 2. For the purpose of this section 20 -8.9, substantial completion shall mean
9 the stage in the progress of the project where the work on the project or designated
10 portion of an approved phased project is sufficiently complete in accordance with
11 the Contract Documents so that the Owner can occupy or utilize the project, or
12 designated ated portion of an approved phased project, for its intended use, or the
13 project has received either a temporary certificate of occupancy or a certificate of
14 occupancy. In order to be an "approved phased project" the Owner must obtain
15 City Commission approval for the phases of the project.
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-23. Any property te— be— developed designated as under a Llarge - Sscale
Ddevelopment program and all under- single ^.,.ne fship may have residential uses
on the first floor;; however, the residential uses are not permitted on the first
floor within that portion of the building or development fronting on the €FORt er
main street. The phrase "main street" means the thoroughfare that abuts the
property line of the building or development and which has the most traffic, as
compared to any other street that abuts the property.
C) General Reauirements. A Large Scale Development shall be approved and permitted
by the City Commission at a public hearing, after the planning board makes its
recommendation, provided that such use is specifically listed as a permitted use in the
appropriate district column in the Permitted Use Schedule of the Land Development
Code section 20 -3.3D as may be amended), and that such use complies with the
following general reauirements and anv other requirements that the City Commission
may consider appropriate and necessa
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1. All such uses shall comply with all requirements established in the
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appropriate zoning use district, unless additional or more restrictive requirements
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are set forth below or by the City Commission.
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2. All such uses must be of a compatible and complementary nature with
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any existing or planned surrounding uses.
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3. A public hearing shall be held by the City Ceommission to determine the
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overall compatibility of the development with the existing; or planned
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surrounding• uses.
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4. If during the review process it is determined that the development, as
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proposed will potentially cause adverse impacts, the Planning Department shall
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recommend remedial measures to eliminate or reduce, to the extent possible,
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these impacts. Development projects that are recommended for remedial
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measures will not be required to submit a new application unless it is determined
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by the Department that additional changes which would have the effect of
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increasing densities, square footage or altering; the height or use of a
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Development have been made. Remedial measures may include, but are not be
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limited to:
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i. Additional screening or buffering;
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ii. Additional landscaping;
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iii. Building orientation;
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iv. Relocation of proposed open space, or alteration of the use of
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such space;
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v. Pedestrian and bicycle safety and access;
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vi. Changes to ingress and egress;
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vii. Addressing traffic flow to and from the development to avoid
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intrusion on local streets in nearby_ single family residential
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areas; or
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viii. Improvement of the streets adjacent to the project, if applicable.
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(D) Project Approval.
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(a) Required Conditions. Prior to approving a Large Scale Development the City
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Commission must find that the development meets the requirements set forth in
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subsection (C) above and that it:
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1. Will not adversely affect the health or safety of persons residing or working in
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the vicini _ of the proposed use;
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2. Will not be detrimental to the public welfare propegy or improvements in the
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neighborhood; and
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3. Complies with all other applicable Code provisions.
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(b) Additional Conditions. The City Commission may designate such additional
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requirements in connection with the approval of a Large Scale Development as will,
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in its opinion assure that such development will conform to the foregoing
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requirements.
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(E) Reapplication for Development Review. No reapplication for a Large Scale
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Development review under section 20 -8.9 shall be accepted by the City within six (6)
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months of the date of final disapproval by the City Commission of a previous application
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involving the same or substantially_ the same project, unless evidence is submitted and
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accepted by the City Commission which justifies such reconsideration
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(C—)(F) No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty
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thousand (80,000) square feet, except residential uses.
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(D) n Within the MU -5 subcategory, the maximum height of new buildings or existing
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building with additions shall be r- estrieted to limited to a maximum of four (4) stories, as
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permitted, unless the
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development earns a bonus as set forth in section 20 -8.10. However, in no event shall a
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development exceed eight (8) stories, as permitted with bonus, nor shall it exceed one
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hundred (100) feet.
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minimum l
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(T) (H) Where there is no minimum distance between adjacent buildings, nor a minimum
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building setback from a property line, one (1) of the first two (2) of the following
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conditions must shall be met:
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1. If the distance from the exterior wall to the property line is less than five (5)
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feet, the applicant must show evidenee provide the Planning Department with a
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copy of a maintenance easement— €reff} applicable to the adjacent ewflei{s)
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roe ; or
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2. The structure shall be built on the property line and the owner shall give an
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attachment easement to the adjacent property owner(s).
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3. In no instance shall a roof overhang extend beyond the property line, except in
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the front of the building.
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(I) The rg a nting of a special exception shall be conditioned on the Applicant
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signing an agreement with the City, in a form acceptable to the City, which shall
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include all of the conditions required for the rg anting of the special exception
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( "Development Agreement "). The Development Agreement, after it has been
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drafted by the City Attorney shall be subject to approval by the City Commission.
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A separate agreement or covenant ( "Covenant ") that provides for maintenance of
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common elements and any other condition specified as a prerequisite to approval
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of the special exception "Maintenance Covenants ") shall be signed by the owner
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of the property in question. The Maintenance Covenant shall be treated as a
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covenant running with and binding the land upon which the Development is
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situated and it shall be recorded in the land records of Miami -Dade County and, at
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the option of the City and if allowed by law, the Maintenance Covenant may be
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re- recorded when necessary or required to maintain, uninterrupted, the
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effectiveness of the covenant running with the land. The Covenant shall provide
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that the owner and his /her /its grantees, heirs, successors and assigns "Owner ")
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shall comply with the Maintenance Covenants at the Owner's expense and
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without any cost to the City.
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35 (1) In the event that any special exception condition includes the development
36 of any common areas ( "Common Areas "), the Maintenance Covenant
37 shall include the following provisions: (a) the Common Areas shall
38 continue in existence as part of the structure and those Common Areas
39 shall be operated and maintained at the expense of the Owner of the
40 property so long as the Development continues to exist, in whole or in
41 part; (b) the operation and maintenance of the Common Areas shall
42 include a provision for landscaping in accordance with an approved site
43 and development plan, approved by the Planning Board, City Commission
44 and the Environmental Review and Preservation Board or as amended
45 from time to time with approval of the City Commission, the maintenance
46 of the landscape as well as other maintenance services and private security
47 protection of the Common Areas; (c) the Owner shall continue, operate
48 and maintain the Common Areas in such a manner as to keep such areas in
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good order, clean, attractive, fully functional (subject to interruption for
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maintenance, repair, restoration and renovation) and, eg nerally, so as not
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to create a nuisance to owners, occupants and users of the adjacent land
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and surrounding areas and to the eg neral public.
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(2) The Maintenance Covenant shall define the phrase "continue, operate and
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maintain ", as it applies to landscaping, to include, but not limit it to, the
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following activities:
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(a) the monitoring of the landscape areas by a recognized
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landscape expert, acceptable to the City, and the preparation of reports
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by such expert certifying that the landscaping is in compliance or is
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not in compliance with the approved Landscape Plan and all
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provisions included in such plan pertaining to pruning, fertilizing and
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general maintenance; the reports shall be prepared annually
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(b) the replacing of plants, trees, shrubs or the like, at the Owner's
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sole expense, as determined by the landscape expert to be necessary
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order for the landscaping to perpetually be in compliance with the
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Landscape Plan.
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(c) In the event that the City disagrees with the opinion of the
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landscape expert hired by the Owner, the City shall have the right to
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hire its own landscape expert whose decision shall be final. If the
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City's expert agrees with the expert hired by the Owner, the City shall
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pay the cost of its own expert, otherwise, the Owner shall pay the cost
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of the City's expert.
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(3) The Development Agreement and the Maintenance Covenant shall contain
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the following provision:
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(a) In the event the Owner breaches its agreement ( "a Default" ) and
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fails to cure the default within thirty (30) days after receiving written
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notice of the default or fails to use all due diligence in commencing the
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cure and in proceeding to effectuate the cure, the City shall have the
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right, but not the obligation, to cure the default. The City shall have the
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right to enter the land to effectuate the cure. If the Owner is unable to
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timely cure the default after receiving written notice, the Owner may
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request an extension of time from the City Commission which shall be
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granted upon presentation of substantial competent evidence
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establishing the Owner's good faith and due diligence, justifiable
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reasons for the delay and the amount of time needed to cure the
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default.
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(b) In the event that the City performs any work or incurs any
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expense towards curing the default, the City shall have the right to file
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a continuing special assessment lien against the property and foreclose
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the lien for the full amount of money incurred by the City for said
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work or expense. The City's lien shall be perfected upon being
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recorded in the land records in Miami -Dade County, Florida and shall
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be of equal rank and dignity as the lien of City's ad valorem taxes and
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superior in rank and dignity to all other liens, encumbrances, titles and
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claims in, to, or against the land in question, unless in conflict with
state statutes or Miami -Dade County code.
(c) The City shall have the right to proceed against the Owner to
collect the above - described costs and expenses without resorting to a
lien and /or lien foreclosure. The City's remedies shall include all those
available in law or in equity, including injunctive relief. The exercise
of one available remedy shall not be deemed a waiver of any
available remedy.
(d) Invalidation of any of the covenants identified in this section 20-
8.9, by judgment of court shall not affect any of the other provisions,
which shall remain in full force and effect. In the event of a violation of
the Development Agreement or the Maintenance Covenant, 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 rag_nt an�pproval, until such time as the declaration of
restrictive covenants in lieu of unity of title are complied with. All
rights, remedies and privileges rag nted pursuant to the Development
Agreement and /or Maintenance Covenant 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 party
exercising the same from exercising such other additional rights,
remedies or privileges.
(J) Development Agreements, as well as all amendments and revocations thereto, shall
comply with ss. 163.3220- 163.3243, Florida Statutes, as amended by the Florida
Legislature.
Section 2. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this
ATTEST:
CITY CLERK
day of , 2012.
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
wAmy documents \resolutions \resolution ldc amend 20 -8 9 ordinance.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
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