4ORDINANCE NO. _____ _
An Ordinance amending Section 20-4.2 of the City of South Miami's Land
Development Code to add criteria for the City's approval of a plat or re-plat
tentatively approved by the Miami-Dade County.
WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the
process of subdividing parcels of land in the City of South Miami; and
WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of
Chapter 28 of the Miami-Dade County Code of Ordinances; and
WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must
be approved by the City of South Miami before it can obtain final County plat approval; and
WHEREAS, Section 20-4.2 does not provide any criterial for the approval of a plat that
has been tentatively approved by the Miami-Dade County platting division; and
WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to
enact criterial for the approval of a plat that has been tentatively approved by the Miami-Dade
County platting division.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-4.2 Land subdivision regulations, is hereby amended to read as
follows:.
(A) Applicable Regulations. The subdivision of all land within the city shall be
subject to Chapter 28 ofthe Miami-Dade County Code of Ordinances and administered
by the Miami-Dade County Department of Public Work. However, final plat approval
must be approved by the City Commission and meet the same requirements of Subsection
(8)(2), (3) and (4) of this Section as set forth below.
(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. At least ten (10) days prior to the
planning board review ofthe application for waiver of plat, the subject property shall be
posted by the Planning Department with a notice of the date and time of the planning
meeting on all roadways that abut the prop rty . In addition, 10 days prior to the meeting
of the City Commission to consider either a waiver of plat or a tentative plat approved in
accordance with Chapter 28, notice of the date and time of the City Commission meeting
shall be provided to all property owners within a five hundred-foot radius of the subject
property.
(1) 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 ten (lOtdays prior to the planning board review of
Page 1 of 1
the application, and mailed notice shall be provided to all property owners within a five
hundred-foot radius of the subject property.
(2) City Commission Findings. Prior to approving a waiver-of-plat, the city
commission shall use the following guidelines:
(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 (this shall be demonstrated using copies ofthe official plat maps for the
subject property and surrounding neighborhood). Surrounding area is defined aa all
abutting lots within the same zoning district, including those that are diagonal to the
ro er and se arated b a street ro\ ided th e street is non-arterial.
(b) The building site created by the proposed waiver-of-plat will not result in existing
structures becoming nonconforming as they relate to setbacks and other applicable
regulations of these land development regulations.
(c) The building site created by the proposed waiver-of-plat will be free of
encroachments from abutting buildable sites.
(3) 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.
(4) Additional Application Requirements. As part of the required final plat or waiver-
of-plat application, applicants shall be required to submit a proposed site plan for the
resulting building parcels, an existing tree survey (may be included in property survey)
which shall indicate any proposed tree removal or relocation necessary, and, if so, the
appropriate city application for tree removal or relocation.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. 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.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ > 2014 .
Page 2 of 1
· .
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY A TIORNEY
Page 3 of 1
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
26SE I SUNDAY, DECEMBER 7, 2014 SE
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The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting on
Wednesday, December 10, 2014 at 6:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186.
~ ~
CITY OF SOUTH MIAMI
COURTESY NOTICE
The MAC will be evaluating the potential incorporation of the area into a separate municipality; it will also be
meeting with staff to discuss the County's concerns regarding any adverse impactto the remaining unincorporated
municipal service area or other regional municipal·type services that could occur due to any such incorporation.
The MAC area is generally bounded as follows:
"'II:-,--d-(~-:-'jjl-~-·--·""I
NORTHERN MOST BOUNDARY: SW 120th Street
SOUTHERN MOST BOUNDARY: SW 232nd Street
EASTERN MOST BOUNDARY: US 1
WESTERN MOST BOUNOARY: SW 157th Avenue
(Boundaries only include areas within
County Commission District 9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to see
enhanced and any additional information that may assist the MAC in its deliberations.
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Wednesday, December 17.2014
beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. to consider the following
ilem(s):
A Resolulion authorizing the City Manager to negoliate an agreement with ADP 10 provide payroll services,
Human Resources and Time & Attendance integrated software solution.
An Ordinance amending Section 4-2(a) of the City Code adding drugstores. convenience stores and service
stations as listed uses in tht: table:: of distance requirements regarding alcohol sillt:.
(
An Ordinance amending Section 20-4.2 of the City ofSourh Miami's Land Development Colk to add criteria for )
the City's approval ora plat or re-plat tentatively approved by the Miami-Dade County.
An Ordinance amending Sec. SA-5 (a), lb), (c), (e) and (t) of Chapler SA of the City of South Miami's Code of Ordinances as to definitions and exemptions and adopting: applicable portions of the Miami-Dade County
lobbying ordinance concerning definitions and exemptions as well as providing stricter requirements and
penalties
An Ordinance amending the Land Development Code Section 20-4.5 and 20-4,5.1, including, but not limited to,
provisions concerning intent, definitions, applicability and providing for tree removal requiremcnls, applications,
permils, rees tree miLigation and protection, enforcement. penalLies, remedies, :lnd appeals.
ALL interested parties are invited to attcnd and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340
Maria M. Menendt:z, CMC
City Clerk
PurSLl.:Jnl Lo Florid:!. StatuLes 286 OIOS.the City hereby ad\'ise~ the public Ih::.t ira person decides La ::.ppeal any deci~ion made by Ihis Bo::.rd, Al!;ency
or Commission with respo:cL to any rnanc:r considcrt:d.,.t its meeting or hearing. he or she wi11 need a record orthl!' pmccedinlls, and thaL for sua::h
purpose, affected person may nced to ensure that a \ crbatim record of the procecdinss is mIIdc \\ hich record indudcs the tcstimony and c\'itlellCc
llpon which the appeal is [0 be ba.~ed ,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miam i. Miam i-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA. who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review f/kla Miami Review. a daily (except Saturday, Sunday
and Legal Holidays) newspaper. published at Miami in Miami-Dade
County. Florida; that the attac hed copy of advertisement,
being a Legal Adverti sement of Notic e in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING 12/17/2014
in the XXXX Court,
was published in said newspaper in the issues of
12/05/2014
(SEAL)
C ITY OF SOUTH MIAMI
NOTICE OF PUBLJC HEARING
NonCE 48 HEREBY.given that the Gity CQrnmlssiol1 of the CIIy .of
SO\llh Mlaml, A6rida will oonduct Public Heaiing(s) at I1.s reg!JJar eity
C()mrnlSslRn ~ing S;CI:Iedufed for WecfneSClay. December 17, '2014
begiijhtng {It 7:00 p,m .• ln the Cfty.Corhnlle,c.i9,r 0h3(nbe(S-. 6130 Sunset
rIIrQ, 10 I:Ol'\Stder the fQlloWIng ita·m(G}: .
A Resolution authorizlng the City Managerto n~ate an a~reement
with ADP 19 provide payroll services, Human ResourCQS and llme &
Attendance in.tegicltOO softWare-solution.
An Ordi~~ amefldir19 Sec1Ion 4-2(a) of>·the City COde adding
dru~oms, ClOnven{ene»stores an" servlce-stalions as lISted uses in
the-table otdistance requirements ie9ardlngafeol1Ol sale .
t An0~ln~ amending SeCtIon -20'42 Of the City of South Miami'S
lI!l'ld fiiWelopment eodp to add CfiteliS fOf tna Cjty'6'approval of a
etat or re-plat tenta1lv!illy ·approYBd by \fie-Mlami-Oade,County.
An Ordinance amending See. SA-5:(il), (Il), (e), (e) and (I) of,Cha~r
8A C!fiflB-.Cl(y or south Miami's C~'(jf Otdinances as to definitiOns '
~ ~Ption& a,ncI ad.{lptlng applicable portions of the Mtamf.,Dade
CcMilY .lobbylng ordioancaconoamTI1Q definltjpns anQ exemptions ilS
well asprovfding stricter requit'llme.nts and ~~.
~n Ofdlnance-amendfogJhe Lam:i Development Code Sectlon20-4.5
tI~ -20-4,$.1. ittclUdlng , but not lim\fed to; proviSionsoonceming
Inlent. definitions. QPPIl~lIilY and· proVi<;ljng, fof, tfee removal
(eRUire!OOf1\S. applications, permilS. It!~ 1tGe mltlflaflQl'l and
;Pl'O~ eotor~men l\ penaHles,remodias-. and appeJlls.
ALLlntef:8$l8d partl8!fare IrwllEkl tolItwnd and w(Jj 1>6 beard.
~orm8lion, ple~ Cqfllact tfie City . CJe~~ ~ce at
MariaM_M e~OMC
• CityCle~
rsuant to ~rTda Statutes--286.01 OS, till;! City fler$Y advls«> the.pUbJlo
if r8 ~f$Ofl. dec1cf9sto appeal any decision made by this Jk!;!rd;
gj:l~ I)t CoITImis6ion Vt1th res~ to any matter ClOnsidered at its
ung'-or h~nng, I\e of s~e WIn need a record oIltie prooeedlngs. and
hat for suCh purpose. affected person may need !pensur8'thal a lIerbatlm
ecotd of U\e proceedings Is made Whl Cl1 r~rd Ip<;l~ fhe teStlin'ony
nd evfdenr;e Upon which the appeql Is to be based . ______ -J ~~~7~M