71 ORDINANCE NO. --------2
3 An Ordinance amending Section 20-4.2 of the City of South Miami's Land
4 Development Code to add criteria for the City's approval of a plat or re-plat
5 tentatively approved by the Miami-Dade County.
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7 WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the
8 process of subdividing parcels of land in the City of South Miami; and
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10 WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of
11 Chapter 28 of the Miami-Dade County Code of Ordinances; and
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13 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must
14 be approved by the City of South Miami before it can obtain final County plat approval; and
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16 WHEREAS, Section 20-4.2 does not provide any criterial for the approval of a plat that
17 has been tentatively approved by the Miami-Dade County platting division; and
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19 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to
20 enact criterial for the approval of a plat that has been tentatively approved by the Miami-Dade
21 County platting division.
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23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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26 Section 1. Section 20-4.2 Land subdivision regulations, is hereby amended to read as
27 follows:.
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29 (A) Applicable Regulations. The subdivision of all land within the city shall be
30 subject to Chapter 28 of the Miami-Dade County Code of Ordinances and administered
31 by the Miami-Dade County Department of Public Work. However, final plat approval
32 must be approved by the City Commission and meet the same requirements of Subsection
33 (B)(2), (3) and (4) of this Section as set forth below.
34 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
35 structurally altered within the city shall be located on a platted lot, except that the city
36 commission may waive platted lot compliance in accordance with section 28-4_of the
37 County Code and the procedures set forth below. At least ten (10) days prior to the
38 planning board review of the application for waiver of plat, the subject property shall be
39 posted by the Planning Department with a notice of the date and time of the planning
40 meeting. , In addition, 10 days prior to the meeting of the City Commission to consider
41 either a waiver of plat or a tentative plat approved in accordance with Chapter 28, notice
42 of the date and time of the City Commission meeting shall be provided to all property
43 owners within a five hundred-foot radius of the subject prope11y.
44 (1) Waiver-of-Plat-,--A waiver-of-plat may be approved by the city commission. Prior
45 to city commission approval, the application shall be reviewed by the planning board.
46 The subject property shall be posted ten (lOtdays prior to the planning board review of
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1 the application, and mailed notice shall be provided to all property owners within a five
2 hundred-foot radius of the subject property.
3 (2) City Commission Findings. Prior to approving a waiver-of-plat, the city
4 commission shall use the following guidelines:
5 (a) The building site created by the proposed waiver-of-plat will be equal to or larger
6 than the majority of the existing building sites and of the same character as the
7 surrounding area (this shall be demonstrated using copies of the official plat maps for the
8 subject property and surrounding neighborhood).
9 (b) The building site created by the proposed waiver-of-plat will not result in existing
10 structures becoming nonconforming as they relate to setbacks and other applicable
11 regulations of these land development regulations.
12 (c) The building site created by the proposed waiver-of-plat will be free of
13 encroachments from abutting buildable sites.
14 (3) Additional Conditions. The city commission may designate such additional
15 conditions in connection with a waiver-of-plat as will, in its opinion, assure that such
16 waiver-of-plat will conform to the foregoing requirements.
17 (4) Additional Application Requirements. As part of the required final plat or waiver-
18 of-plat application, applicants shall be required to submit a proposed site plan for the
19 resulting building parcels, an existing tree survey (may be included in property survey)
20 which shall indicate any proposed tree removal or relocation necessary, and, if so, the
21 appropriate city application for tree removal or relocation.
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23 Section 2. Codification. The provisions of this ordinance shall become and be made
24 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
25 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
26 "ordinance" may be changed to "section" or other appropriate word.
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28 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
29 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
30 shall not affect the validity of the remaining portions of this ordinance.
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32 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
33 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
34 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
35 that give the appearance of being in conflict when the two ordinances can be harmonized or
36 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
37 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
38 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
39 to harmonize the two ordinances shall be repealed.
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41 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: