Ord. No. 09-02-1777ORDINANCE NO. 9 -02 -1777
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION
20 -4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER
TO ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND
APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Land Development Code currently has regulations addressing "Land
Subdivision Regulations," and Waiver of Plat; and,
WHEREAS, the Land Development Code lacks specific procedures and criteria for
reviewing and approving Waiver -of -Plat applications, and,
WHEREAS, the City Commission desires that Waiver of Plat applications be reviewed for
compatibility with the surrounding neighborhood, and that surrounding neighbors be notified of
the waiver -of -plat application; and has directed that such an amendment should be forwarded to
the Planning Board for review and recommendation; and
WHEREAS, a public hearing regarding the proposed amendment was held by the Planning
Board on August 13, 2002, at which time the Planning Board voted 5 -1 to recommend approval
of the proposed amendments to the City Commission; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -4.2 entitled "Land Subdivision Regulations," of the City's Land
Development Code, is hereby amended to read as follows:
Page 1 of 3
20 -4.2 Land subdivision regulations.
(A) Applicable Regulations•. The subdivision of all land within the city shall be subject to
Chapter 28 of the Dade County Code of Ordinances and administered by the Dade
County Department of Public Works.
(B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
structurally altered within the city shall be located on a platted lot, except that the city
commission may waive platted lot compliance in accordance with Section 28 -4 of the
County Code and the procedures set, forth below.
W Waiver -of -plat A waiver -of -plat may be approved by the City Commission Prior to City
Commission approval the application shall be reviewed by the Planning Board. The
subject property shall be posted 10 days prior to the Planning Board review of the
City Commission Findings Prior to approving a waiver -of -plat the City Commission
shall use the following guidelines:
/a The building site created by proposed waiver -of -plat will be equal to or larger
than the majority of the existing building sites and of the same character as the
surrounding area this shall be demonstrated using copies of the official plat maps
for the subject property and surrounding neighborhood)
The building site created by the proposed waiver -of -plat will not result in existing
structures becoming nonconforming as s they relate to setbacks and other
applicable regulations of these land development regulations
O
c) The building site created by the waiver -of plat will be free of
encroachments from abutting buildable sites
Additional Conditions The City Commission may designate such additional conditions in
connection with a waiver -of -plat as will in its opinion assure that such waiver -of- -plat
will conform to the foregoing requirements.
0 Additional Application Requirements As dart of the required waiver -of -plat application
applicants shall be required to submit a proposed site plan for the resulting building
South Miami application for tree removal or relocation
Page 2 of 3
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Code.
Section 4. This ordinance shall be codified and included in the Land Development
Section 5. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 17a' day of Member, 2002
EXUA 1
1" Reading- September 3, 2002
2" d Reading- September 17, 2002 (as amended)
APPROVED:
MAYOR
COMMISSION VOTE:
5 -0
READ AND APPROVED AS TO FORM: Mayor Robaina:
Yea
Vice Mayor Russell:
Yea
Commissioner Bethel:
Yea
Commissioner Feliu:
Yea
Commissioner Wiscombe:
Yea
AT ORNE
NOTE: New wording in bold, underlined; wording to be removed indicated by strike thf ough.
Page 3 of 3
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: September 17, 2002
City Commission
ITEM No.
From: Charles Scurr / A RE: LDC Amendment
City manager Waiver -of -Plat process
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20-
4.2 ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO
ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW AND
APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision
Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in
lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision
is most often used when an applicant wishes to create two or more building lots out of an existing parent
tract.
The LDC currently specifies that the Commission may waive platting requirements, as described above.
However, there is no mention in the LDC of the process required for a waiver -of -plat application, whether
it is first subject to review by the Planning Board, or whether the surrounding neighborhood is to be
notified of pending waiver -of -plat applications. At a recent City Commission meeting containing a
waiver -of -plat application on the agenda, the Commission discussed the lack of such a process, and the
desire to have such applications reviewed based upon neighborhood compatibility in addition to the
minimum zoning code standards. Therefore, a draft ordinance has been prepared by the Planning
Department for review and comment by the Planning Board.
The proposed ordinance would make the following changes to the Land Development Code (LDC):
(1) Under this proposal, the Planning Board would first review applications before they went to the
City Commission. Currently applications for waiver -of -plat go straight to the Commission,
without being reviewed by the Planning Board.
(2) The subject property would be posted 10 days prior to the Planning Board review of the
application.
LDC Amendment — Waiver -of -Plat process
September 17, 2002
Page 2
(3) In addition to having to meet minimum zoning standards, under this proposal Waiver -of Plat
applications would be reviewed by the Planning Board and City Commission on the basis of
neighborhood compatibility. Specifically, three criteria would be applied:
(a) Whether the building sites created would be equal to or larger than the
majority of the existing building sites and of the same character as the
surrounding area (this shall be demonstrated using copies of the official plat
maps for the subject property and surrounding neighborhood).
(b) Whether the building site created would result in existing structures
becoming nonconforming as they relate to setbacks and other applicable
regulations of these land development regulations.
(c) Whether the building site created would be free of encroachments from
abutting buildable sites.
(4) The proposed ordinance also specifies that the City Commission may designate additional
conditions in connection with a waiver -of -plat, in order to assure that the proposed subdivision of
land conforms to the above requirements. This provision could be used, for example, to ensure
the retention of trees on a subject property. A provision requiring a tree survey and permit
application for any tree removal is also included.
Currently applicants for Waiver -of -Plat pay a $1000 fee, but there is some discussion about significantly
raising fees for this application. As most applicants receiving a waiver of plat will end up making
significant profit from the division of property into two lots, raising the applicable fee for waiver -of -plat
applications would seem warranted. The Planning Board may wish to recommend an increase (a separate
ordinance is required).
PLANNING BOARD ACTION
The Planning Board at its August 13, 2002 meeting recommended approval of the proposed amendment
with certain modifications. During discussion several members suggested that the application fee be
significantly increased. The staff was requested to research an appropriate fee increase and to report back
to the Board. The Board `s approval motion included a modification stating that the factors to be used by
the City Commission in making a waiver -of -plat decision shall be considered "guidelines ", leaving room
for some discretion to be used. The motion to approve the proposed amendment with the modification
was made by Mr. Mama and seconded by Mr. Morton. The motion was adopted by a vote of 5 ayes and 1
nay (Mr. Liddy).
The City Commission approved the proposal on first reading at its September 3, 2001 meeting.
RECOMMENDATION
It is recommended that the amendments as modified by the Planning Board and shown in the attached
draft ordinance be approved, as it will ensure that waiver of plat applications are adequately reviewed for
compatibility with the surrounding neighborhood, and that adequate public notice of such applications is
given.
Attachments:
Proposed Ordinance (Revised)
Planning Board Minutes 8 -13 -02
CS /ROUSAY. -,
D: \Comm Items \2002 \9 -17 -02 \LDC Amend Staff Report- Waiver of Plat .doc
�9
CITE' OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, August 13, 2002
City Commission Chambers
7:30 PAL
I. Call to Order and the Pledge of Allegiance to the Flag
Action: Tide rneeting "as called to order at 8:3d P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call,
Action: NIr. Morton, Chairperson. requested roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Viann. Mr. Illas, Mr.
Morton, NIs. Gibson and Mr. Comendeiro.
Board members absent: Ms. Yates,
City staff present: Richard G. Lorber (Planning Director), Sandy Youlcilis, (Planning
Consultant), Luis Figueredo and Eve Boutsis, (City Attorneys), Gremaf Reyes (Video
"Technician), and Maria M. Menendez (Board Secretary).
III. Public Hearings (Mr. Morton sworn in speakers`
PS -02 -012
Applicant: City of SOL1th Miami
Request:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL
EXCEPTIONS FROM PROVISIONS CONTAINED IN SECTIONS 20 -79 AND
20 -7.11 OF THE LAND DEVELOPNIENT CODE TO ALLOW FOR THE
CONSTRUCTION OF A PROPOSED THREE STORY" RETAIL AND
PARKING GARAGE COMPLEX IN THE SR (HD -OV) SPECIALTY RETAIL
HOMETOWN OVERLAY DISTRICT FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. L.ARKIN'S SUBDIVISION
(NW CORNER OF SW 73`d STREET AND SW 58 °i AVENUE): SPECIAL
EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING
FRONTAGE, BUILDING GROUND FLOOR AREA. AND AWNING LENGTH:
PROVIDING FOR AN EFFECTIVE DATE.
Planning Board Meeting
August 13, 2002
Page 2 of 8
Applicant
Present: Anne Cotter, Arquitectonica
Speakers: Simon Ferro. (Greenberg Traurig, P.A.)
Jack Ahlstedt. (Consul -Tech Engineering, Inc.)
Subrata Basu. ACM,'BIZ and Community Development. Director
Alex Abril, property owner
David Tucker. Sr.. resident
Action: Mr. Comendeiro read the item into the record and staff presented the request.
consisting of the following four special exceptions to modify regulations pertaining to the
building's proposed design and layout:
I. Lot coverage (Ref. 20- 7.9) -60% max, required / 83N' provided:
2. Buildina Frontage (Ref. 20- 7.9)- 30 -70% required / 871rb provided
3. Awning length (Ref. 20 -7.9 and 20- 7.11)- 1001NO required / 82% provided
4. Building Ground Floor Area (Ref. 20 -7.9 and 20 -7.11) – 20,000 sq.ft. max
required / 37.940 sq.ft. provided.
Nls. Cotter gave a visual / verbal presentation of the project, consisting of the construction
of a 3 -story parking garage and retail shops on property located in the Hometown Overlay
District, at the above- referenced location.
Mr. Ahlstedt who prepared a Traffic Impact Analysis for this project, addressed the Board
with the conclusions of the traffic study. (The complete report was part of the agenda
package delivered to the Board members prior to the meeting).
The following are some of the Board's concerns raised at the meeting, but not limited to:
impact of the project on traffic; traffic circulation in the alleyway; motorists exiting the
parking area at the northeast corner have no visibility to the right for sidewalk pedestrians
or passing vehicles; loosing a few existing street parallel parking spaces: retail delivery on
SW 73 "t Street which might cause traffic jam; the need for a door on the interior for extra
access into the trash room; the design of the awnings not being harmonious with the
architectural character of the City;
Mr. Morton opened the public hearing:
Mr. Ferro addressed the Board with regard to the impact, in their opinion, this project
would have on his client's property. Mr. Ferro represents Dabby Properties, owners of the
building adjacent to the project site. Fle expressed concern regarding the impact of the
project on the alleyway and also on the parking spaces they presently utilize. Mr. Ferro
stated that the proposed fifteen feet of alleyway will not suffice to accommodate the flow
of delivery vehicles. In Mr. Ferro's opinion, the project will have a severe negative
impact on his client's business and will also decrease the value of his property, In essence.
Mr. Ferro is objecting to the applicant's request for special exception dealing with the lot
coverage.
Planning Board Nleeting
August 13, 2002
Page 3 of 8
Motion: Mr. Comendeiro moved to approve the request for special exceptions, as
recommended by staff, and as per section 20 -7.61 of the City of South Miami Land
Development Code, and Ms. Gibson seconded the motion, as follows:
1. Lot coverage (Ref 20 -7.9):
Required: 60% maximum
Provided: 830io, in order to comply with the Hometown Overlay District criteria of
having the retail frontage on or close to the property line
2. Building Frontage (Ref 20 - ".9):
Required: 30 -70% of each side elevation facing a street
Provided: 87% for both east and west sides, in order to accommodate both the
program requirements of retail area and garage functions (ingress /egress, ramp, on-
grade puking)
I. Awning length (Ref 20 -7.9 and 20- '.11):
Required: 100% of Building frontage
Provided: 820/o, in keeping with the architectural stile of a series of smaller storefronts
4. Building Ground Floor Area (Ref 20 - 7.9 and 20- 7.11):
Required: 20,000 sq.ft. maximum
Provided: 37,940 sq.ft. in order to accommodate both the program requirements of
retail area and garage functions (ingress/egress, ramp, on -grade parking)
Vote: Ayes 6 Nays 1 (Mr. Mann)
PB -02 -009
Applicant: Miami Auto Salon, Inc.
Request:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, - RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(A) OF TIME LAND
DEVELOPMEN'T CODE FOR SPECIAL, USE APPROVAL TO
OPERATE AN AUTO%IOTIVE ACCESSORIES AND PARTS STORE
IN THE "GR ", GENERAL RETAIL ZONING DISTRICT,
SPECIFICALLY LOCATED AT 6136 SOUTH DIXIE HIGHWAY
Applicant
Present: Luis Bermudez
Action: Mr. Illas read the item into the record and staff presented the request. The
applicant is requesting a Special Use Approval to operate an automotive accessories and
parts store at the abotie referenced location.
Planning Board Meeting
August 13, 2002
Page 4 of8
The applicant states that the business will specialize in the installation of custom wheels
and rims for luxury type vehicles. He also stated that the business will not generate air or
chemical pollution, and there will be no tire disposals. The applicant further states that of
the art computerized machines will result in zero noise levels.
The Board, staff and the applicant discussed the request
Motion: Mr. Illas moved for approval of the request as presented and Mr. Comendeno
seconded the motion, with the following conditions as recommended by staff:
1. Servicing of automobiles shall only be allowed inside the building.
2. Automobiles remaining on the property overnight shall be stored inside the building.
3, If the subject auto accessories and parts store is, in the future, determined by the
Director of Planning & Zoning, to be adversely affecting the health or safety of persons
residing or working in the vicinity of the proposed use, to be detrimental to the public
welfare or property or improvements in the neighborhood, or to be not in compliance
with other applicable Code provisions, the special use approval may be modified or
revoked by the City Commission upon notification and public hearing.
Vote: Ayes 6 Nays 0
Applicant: EJS Holdings (Enterprise Leasing)
Request: A RESOLUTION OF THE MAYOR AND CITY CO%P4ISSION OF
THE CITY OF SOUTH NiIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(A) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
OPERATE AN AUTO f4OBILE RENTAL AGENCY IN THE "GR" ,
GENERAL RETAIL ZONING DISTRICT. SPECIFICALLY"
LOCATED AT 6394 SOUTH DIXIE HIGHWAY.
.applicant
Present: Carlos Williard, Attorney
Speakers: John Portuondo
Curt Neary
Action: Mr. Morton read the item into the record and staff presented the request. The
applicant is requesting a Special Use Approval to operate an automobile rental agency at
the above- referenced location. The other use in the building will be a retail bicycle store.
Planning Board Meeting
August 13, 2002
Page 5 of 8
The Board, staff and the applicant discussed the request. The applicant is proposing a
significant landscaped buffer area along the rear property line. The buffer zone, as required
by the recent LDC amendment, will consist of ficus hedges and mature palm trees.
The applicant intends to use a low noise level pneumatic vacuum cleaner in the rear of the
property. The applicant also stated that there will be no car washing or vehicle repair on
site. Several Board members complained that the submitted site plan did not show- the
specific location of the business inside the building and that the rear access drive would
require removal of a part of the building. Mr. Illas felt that this type of car rental agency is
not an appropriate use in the City of South Miami.
The installation of a CBS wall was discussed as opposed to the proposed landscaped
buffer. Ms. Boutsis referred to City Ordinance No. 6 -02 -1774 (LDC 20 -3.4) approved by
the City Commission July 23 "t, 2002, establishing that a landscape buffer is acceptable
«hen a property is adjacent to a residential district. fir. Portuondo, owner of an abutting
residential building, testified that the proposed buffer was not sufficient to protect his
property and tenants.
First Motion: Mr. Comendeiro moved to approve the application with the following
conditions: (1) to install a six feet maximum height wood fence and a six feet maximum
height hedge at planting; (2) to bring back the modified site plans showing the cutting of
the building; and (3) staff recommendations.
Vote: Ayes 0 Nays 0
Second Motion: Mr. Illas moved to deny the application. Mr. Mann seconded the
motion.
Vote: Aves 3 (Mr. Illas, Mr. Mann, Mr. Liddy)
Nays 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton)
Third Motion: Mr. Morton moved to approve the application with the following
conditions: (1) on -site parking not to exceed three automobiles on a 24 -hour basis; (2) to
bring back the modified site plans showing the cutting of the building and the closure of
parking; (3) the installation of a six feet maximum height hedge at planting and a six feet
maximum height chain link fence; and (4) removal of the existing detached sign pole
frame. Ms. Gibson seconded the motion.
Vote: Ayes 3 (Mr. Comendeiro, Ms. Gibson, Mr. Morton)
Nays 3 (Mr. Illas, Mr. titann, Mr. Liddy)
At this point, Mr. Lorber referred to Land Development Code Section 20- 6.1(B -4a,v)
which provides that if the Board has not reached a decision on an item, "then the item shall
be transmitted forthwith to the city commission with a "No Comment" recommendation."
Planning Board Nf;eting
August 13, 2002
Page 6 0' 8
Fourth Motion: Mr. Illas moved to defer the application until the full membership of
Board (7) was in attendance, and ha%e the applicant submit the modified phn at that time.
Mr. Nlann seconded the motion.
Nlr. Illas withdr -w his motion.
Fifth Motion: Mr. Illas moved to transmit the application to the City Commission with
'-No Comment" recommendation. Nir. Comendeiro seconded the motion.
Vote: Ayes Nays 1 (N1r. Mann)
i t f
Applicant: Big Tomato Franchise Company, Inc.
Request: A RESOLUTION OF THE NIAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO OPERATE A GENERAL RESTAURANT IN THE "INR ",
NEIGHBORHOOD RETAIL ZONING DISTRICT. SPECIFICALLY
LOCATED AT 7400 RED ROAD.
Applicant
Present: Bruce Elfenbein
Action: Mr. Liddy read the item into the record and staff presented the request. The
applicant is requesting a Special Use Approval to operate a general restaurant, the `Big
Tomato'. at the above referenced location. The proposed area of the restaurant is to be
located in two existing stores, which are to be combined to form a single unit. It will
occupy 1,200 square feet, and will be an upscale casual restaurant.
The Board, staff and the applicant discussed the request
Motion: Nor. Morton moved to approve the application with the following conditions as
recommended by staff, as follows:
(1) restaurant mist provide appropriate procedures for storage and removal of trash
and garbage;
(2) If the subject general restaurant is, in the future. determined by the Director of
Planning & Zoning, to be adversely affecting the health or safety, of persons
residing or working in the vicinity of the proposed use, to be detrimental to the
public welfare or property or improvements in the neighborhood, or to be not in
compliance with other applicable Code provisions, the special use approval may be
modified or revoked by the City Commission upon notification and public hearing.
Vota: Ayes 6 Nays 0
Planning Board Meeting
August 13, 2002
Page , 0'r8
Applicant: City of South Miami
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH NMIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -42
ENTITLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO
ESTABLISH PROCEDURES AND CRITERLA, FOR REVIEW AND
APPROVAL OF WAIVER -OF -PLAT APPLICATIONS; PROVIDING FOR
SEVER.4BILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record and staff presented the proposed
amendment.
The City's hand Development Code (LDC) currently has regulations addressing "Land
Subdivision Regulations," and permits applicants seeking to create new building sites to
apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade
County platting regulations. This provision is most often used when an applicant wishes to
create two or more building lots out of an existing parent tract.
At a recent City Commission meeting containing a waiver -of -plat application on the
agenda, the Commission discussed the lack of the process required for a waiver -of -plat
application, whether it is first subject to review by the Planning Board, or whether the
surrounding neighborhood is to be notified of pending waiver -of -plat applications. The
Commission also expressed the desire to have such applications reviewed based upon
neighborhood compatibility in addition to the minimum zoning code standards. Therefore,
a draft ordinance has been prepared by the Planning Department for review- and comment
by the Planning Board.
First Motion: Mr. Comendeiro moved to approve the changes to the Land Development
Code (LDC) as proposed by staff, and also including a recommendation that the fee
charged be changed to 52,000.00. Ms. Gibson seconded the motion.
Vote: Ayes 3 (),Jr. Comendeiro, Ms. Gibson, Mr. MannO
Nays 3 (Mr. Morton, Mr. Illas, Mr. Liddy)
Second Motion: ivlr. Mann moved to approve and Mr. Morton seconded the motion, to
amend the Land Development Code (LDC) as proposed by staff, with a modification as
follows:
L City Commission Findings. Prior to approving a o aiver -of -plat. the Cite
Commission shall use the followving guidelines:
Planning Board ivleeting
August 1:, 2002
Page 8 of.y
(a) The building site created by the proposed waiver -of -plat will be equal to or
larger than the majority of the existing--building sites and of the same
character as the surrounding area
tb1 The building site created by the proposed waiver -of -plat will not result in
Misting . structures becoming fo
nonconrming_as _ they _ relate _ to_ setbacks and
other applicable regulations of these land development regulations_
Lc) The building site created by the proposed waiver -o£ Ip at "ill be free of
encroachments from abutting buildable sites.
Additional Conditions. The City Commission matt designate such additional
conditions in connection with a waiver -of -plat as wilL in its opinion. assure that
such waiver -of -plat will conform to the foregoins regnirements.
(4) Additional Application Requirements As part of the required waiver -of -plat
application applicants shall be required to submit a proposed site flan for the
resulting building parcels an existing tree survey (mav be included in property
survev) which shall indicate any proposed tree removal or relocation necessary,
and if so the appropriate Citv of South Miami application for tree removal or
relocation.
Vote: Ayes f Nays 1 (Mr. Liddy)
The Board then requested staff to suggest an appropriate increase in the fee charged for a
waiver -of -plat application.
IV, Approval of Minutes
Action: The Board duly voted on and approved the minutes of May 28, 2002.
Vote: Ayes 6 Nays 0
V. Remarks: No remarks.
VI, Adjournment
Action: There being no further business before the Board. Mr. I11as adjourned the meetiD2
at approximately 11:45 P,,I.
RGLlmmin
K,,M.PB Minutts'2002 Mmutes`.N1NS 03 -1 Mldoc
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 Daly Business
Review f /k/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 - 9i17/02
ORD. AMEND LAND DEVELOPMENT CODE, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/06/2002
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 aff iant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, reb 0 . commis nor refund for tpe purpose
of securing thivertise nt for publication in the said
Sworn, to and subscrt ibed before m his
06� day .ofE TR/t ,A. . 2002
7 k/ �� J
(SEAL) .....- .,.. ., ,.
i
r (�
O.V. FERBEYRE personally known to me
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the city Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting Tuesday, September 17, 2002 beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider
the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DE-
VELOPMENT CODE BY REVISING SECTION 20 -4.2 ENTI-
TLED "LAND SUBDIVISION REGULATIONS," IN ORDER TO s-
ESTABLISH PROCEDURES AND CRITERIA FOR REVIEW
AND APPROVAL OF WAIVER -OF -PLAT APPLICATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE BUDGET, CONCERNING THE STORMWATER USER
FEE RATE, SETTING THE FEE RATE; PROVIDING FOR BEV-
ERABIL ITY, ORDINANCES IN CONFLICT, AND AN EFFEC-
TIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
ALARM SYSTEMS; REPEALING SECTION 15.4 IN ITS EN-
TIRETY AND CREATING A NEW SECTION 154-1 THROUGH
15 -4 -10 ENTITLED BURGLARY AND ROBBERY ALARM;
PROVIDING FOR ALARM PERMITTING, PERMITTING FEES
AND FINES FOP. NON - COMPLIANCE, ISSUANCE OF FALSE
ALARM REPORTS AND APPEALS OF FALSE ALARM RE-
PORTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Said ordinances can be inspected in the City Clerk's Office, Monday -
Friday du. _� regular office hours.
Inquiries concerning this item should be directed to the Planning De-
partment at: 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that it a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
9/6 02- 3- 67/295180M