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101 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. 6 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 9 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 12 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 15 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 18 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. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. Section 20-4.2 Land subdivision regulations, is hereby amended to read as 27 follows:. 28 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_ofthe 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 ofthe date and time of the planning 40 meeting on all roadways that abut the property. In addition, 10 days prior to the meeting 41 of the City Commission to consider either a waiver of plat or a tentative plat approved in 42 accordance with Chapter 28, notice of the date and time of the City Commission meeting 43 shall be provided to all property owners within a five hundred-foot radius of the subject 44 property. 45 (1) Waiver-of-Plat.:.... A waiver-of-plat may be approved by the city commission. Prior 46 to city commission approval, the application shall be reviewed by the planning board. 47 The subject property shall be posted ten (10tdays prior to the planning board review of Page 1 of3 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 (a) Anything regarding property division shall go before the Planning Board. 4 (2) City Commission Findings. Prior to approving a waiver-of-plat, the city 5 commission shall use the following guidelines: 6 (a) The building site created by the proposed waiver-of-plat will be equal to or larger 7 than the majority of the existing building sites and of the same character as the 8 surrounding area (this shall be demonstrated using copies of the official plat maps for the 9 subject property and surrounding neighborhood). Surrounding area is defined as all 10 abutting lots within the same zoning district, including those that are diagonal to the 11 property and separated by a street, provided the street is non-arterial. In addition, the lot 12 frontage of the subject property shall be not less than the average of the lot frontage o( 13 lots within the same zoning district and which are 300 feet on either side of the subject 14 property or up until a traffic intersection whichever is less and which shall include the 15 lots within the property to be platted. 16 (b) The building site created by the proposed waiver-of-plat will not result in existing 17 structures becoming nonconforming as they relate to setbacks and other applicable 18 regulations of these land development regulations. 19 (c) The building site created by the proposed waiver-of-plat will be free of 20 encroachments from abutting buildable sites. 21 (3) Additional Conditions. The city commission may designate such additional 22 conditions in connection with a waiver-of-plat as will, in its opinion, assure that such 23 waiver-of-plat will conform to the foregoing requirements. 24 (4) Additional Application Requirements. As part of the required final plat or waiver- 25 of-plat application, applicants shall be required to submit a proposed site plan for the 26 resulting building parcels, an existing tree survey (may be included in property survey) 27 which shall indicate any proposed tree removal or relocation necessary, and, if so, the 28 appropriate city application for tree removal or relocation. 29 30 Section 2. Codification. The provisions of this ordinance shall become and be made 31 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 32 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 33 "ordinance" may be changed to "section" or other appropriate word. 34 35 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 36 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 37 shall not affect the validity of the remaining portions of this ordinance. 38 39 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 40 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 41 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 42 that give the appearance of being in conflict when the two ordinances can be harmonized or 43 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 44 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 45 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 46 to harmonize the two ordinances shall be repealed. 47 Page 2 of3 1 Section 5. Effective Date. This ordinance shall become effective upon enactment. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ENACTED this __ day of _____ , 2015. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 3 of3 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: who receive curbside waste collection service from· Miami-Dade County can recycle th~ir rhristm~~· trees by taking them to one of the area residents on afirst-come, first-~ery~d while supplies last,beginning MIAM~DADE. Eilmm Public Works and MiamiHerald.com I MIAMI HERALD CITY OF SOUTH MIAMI COURTESY NOTICE 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 Tuesday. January 6 2015 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services, Human Resources and Time & Attendance integrated software solution. A Resolution authorizing the City Manager to enter into a multi-year contract with Envirowaste Services Group, Inc. for storm drain system cleaning and maintenance services. An Ordinance amending Section 4-2(a) of the City Code adding drugstores, convenience stores and servicc stations as listed uses in the table of distance requirements regarding alcohol sale. ( 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. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby ad\ises the puhlic that if a person decides to appeal any decision made by this Board Agency or Commission with respect to any matter considered at its meeting or hearing, he or she wi!! 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 kstimony and evidence upon whieh the appeal is to be based. CORAL GABLES Museum to expand program BY MONIQUE O. MADAN mmadan@MiamiHerald.com The Coral Gables Mu- seum recently received $200,000 from the Florida Department of Education to expand its existing pro- grams that focus on environ- mentally sensitive design. The "Green City Pro- gram" is focused on teach- ing future generations about designing environmentally sustainable communities. The program for K-12 stu- dents explores everything from what can be done at home to lower the carbon footprint to how to design a LEED-certified building , and ultimately, a green city. For more information, call 305-603-8067. RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786.300.0300 www.rivierasehooIs.eomIAccreditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA MIAMI DAILY BUSINESS REVIEW Pu bli sh ed Daily except Saturday , S unday and Legal Holidays Miami , Mia mi-D ade Co unty, Fl orid a STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MA~'A ME~A , who on oath says that he or she is the LEG.AL CLERK , Legal Notices 01 the Miami Daily Business Review flk/a Miami Review , a daily (except Saturda Sunda ~:~~:g~1 H?~idayS) newspaper, published at Miamti'n Miam~Dade . y , on a , that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of ' CITY OF SOUTH MIAMI PUBLIC HEARING -JANUARY 6, 2015 in the XXXX Court was published in said newspaper in the issues of 12/19/2014 Affiant further says that the said Miami Daily Business ~evlew IS a newspaper published at Miami in said Miami-Dade ounty , Flonda and that the said newspaper has ~~re~ofore been continuously published in said Miami-Dade County ano~lh a , ~ach day (except Saturday , Sunday and Legal Holidays) , ff' as een .entered as second class mail matter at the post o Ice In Miami In said Miami-Dade County , Florida, lor a p~no~ ~ one year ne xt preceding the first publication of the :h!C h e cor; of advertisement; and affiant further says that he or any d~~~~1 er paid nor promised any person , lirm or corporation . omm on or refund for the purpose cunng t ment I r publication in the said newspaper . (SEAL) CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City 01 South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting sched uled lor Tuesday. January 6 . 2015 beginning at 7:00 p.m., in the City Commission Chambers , 6130 Sunset Drive , to consider the following item(s): A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services , Human Resources and Time & Attendance integrated software solution. A Resolution authorizing the City Manager to enter into a multi-year contract with Envirowaste Se rvices Group , Inc. for storm drain system clean in g and maintenance services. An Ordinance amending Section 4-2 (a) 01 the City Code adding drugstores, convenience stores and service stations as listed uses in the table of distance requirements regarding alcohol sale. An Ordinance amending Section 20 -4.2 01 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- Dad e County. ALL interested parties are invited to attend and will be heard . For further information, please contact the City Clerk 's Office at: 305-663-6340. . Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105 , the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commis sion with respect to any matter considered at its meeting or hearing , he or she wi ll need a record of the proceedings, and that for such purpose, affected person may need to ens ure that a verbatim . record of the proceedings is made whi ch record includes the testimony and evidence upon which the appeal is to be based. 12119 14-3-91/2386113M