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Ord. No. 08-95-1581ORDINANCE NO. 8 -95 -1581 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND DEVELOPMENT CODE, PROVIDING FOR -RS -5- SMALL LOT SINGLE FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING CLASSIFICATION FOR THE A PORTION OF THE MCKEEVER TERRACE SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted a land development code on October 25, 1989; and, WHEREAS, prior to the adoption of the land development code, certain single family residential subdivisions containing lots having 50 -foot frontage on public rights of way were established as lots of record; and, WHEREAS, certain of these 50 -foot frontage residential subdivisions, and in particular, the McKeever Terrace subdivision, are completely or substantially built -out; and, WHEREAS, from time to time the minimum frontage requirements under various zoning ordinances have been 75 feet and 50 feet; and now 60 -foot frontage on public rights of way is the minimum frontage allowable under the land development code for single family residential lots; and, WHEREAS, established lots with 50 -foot frontage are nonconforming lots of record; and, WHEREAS, the Mayor and City Commission desire to create a RS -5 single family residential district for one or more built -out subdivisions having lots with 50 -foot frontange on public rights of way, and in particular, a portion of the the McKeever Terrace subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article III, Section 20- 3.1(A) of the land development code is amended to create: RS -5 Single - Family (50' lots) Section 2. Article III, Section 20- 3.1(B)(5) of the land development code is amended, and subsequent paragraphs renumbered, to create: (5) "RS -5" Small Lot Single - Family (50' lotsl Residential District The purpose of this district is to provide for built -out single- family residential subdivisions characterized by smaller 50' lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single - Family" on the City's adopted Comprehensive Plan. Section 3. Article III, Section 20 -3.5E, Dimensional Requirements, Single Family Districts, of the land development code is amended to create a category for RS -5 having the same dimensional requirements as RS -4 with the following exception: Frontage (ft) 50 Section 4. The Official Zoning Map of the City of South Miami is amended to establish RS -5 as the zoning district for a portion of the McKeever Terrace subdivision. Section 5. This ordinance is referred to the South Miami Planning Board for evaluation under Article V, Section 20 -5.5, as an application requiring public hearings, and for recommendations Ord. No. 8 -95 -1581 to the city commission regarding consistency with the comprehensive plan, delineation of RS -5 zoning district boundaries, establishing RS -5 zoning district for a portion of the McKeever Terrace subdivision, amendment to the zoning map, and other necessary and proper action to effecutate this ordinance. Section 6. 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 7. All ordinances or 'parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. This ordinance shall take effect immediately at the time of its passage.. PASSED AND ADOPTED this 6th day of June, 1995. ATTEST: NAB(- CITY CLERKA 1st Reading 5/2/95 2nd Reading 5/16/95 READ AND APPROVED AS TO FORM: YM ✓ I4AY CITY ATTORNEY RS -5.ord APPROVED: MAYOR MAYOR CARVER VICE �PPyoll, �p ` °` it ��✓i.1�C.ii G(3 gt.ISSI E!j �4�`MiNGHAM YEA NAB(- el U% YEA YM ✓ I4AY