_Add-on item a)Add-on item a)
Sponsored by City Attorney
April 7, 2015 City Commission Meeting
Page 1 of 3
ORDINANCE NO. _________________ 1
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An Ordinance amending Section 20-4.2 of the City of South Miami’s Land 3
Development Code to add, clarify and/or modify criteria for the City’s 4
approval of a waiver of plat, and for approval of all plats or re-plats 5
requiring approval by Miami-Dade County and adding definitions for 6
roadways in Section 20-2.3. 7
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WHEREAS, Section 20-4.2 of the City’s Land Development Code provides for the 9
process of subdividing parcels of land in the City of South Miami; and 10
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WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of 12
Chapter 28 of the Miami-Dade County Code of Ordinances; and 13
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WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must 15
be approved by the City of South Miami before it can obtain final County plat approval; and 16
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WHEREAS, the title of this amended ordinance, as originally proposed, adequately 18
described the purpose and intent of the amendment; and 19
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WHEREAS, the amendment was changed and broadened in scope between first and 21
final reading; and 22
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WHEREAS, in an abundance of caution, the ordinance is being re-adopted with a 24
broader title and a definition of arterial streets; and 25
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WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to 27
re-enact this ordinance. 28
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31
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Section 1
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. Section 20-4.2 Land subdivision regulations, is hereby amended to read as 33
follows:. 34
(A) Applicable Regulations. The subdivision of all land within the city shall be 36
subject to Chapter 28 of the Miami-Dade County Code of Ordinances and administered 37
by the Miami-Dade County Department of Public Work. However, final plat approval 38
must be approved by the City Commission and meet the same requirements of Subsection 39
(B)(2), (3), (4) and (5) of this Section as set forth below. 40
(B) Platted Lot Compliance. Every building or structure hereafter erected, moved or 41
structurally altered within the city shall be located on a platted lot, except that the city 42
commission may waive platted lot compliance in accordance with section 28-4 of the 43
County Code and the procedures set forth below. At least ten (10) days prior to the 44
planning board review of the application for waiver of plat, the subject property shall be 45
posted by the Planning Department with a notice of the date and time of the planning 46
Add-on item a)
Sponsored by City Attorney
April 7, 2015 City Commission Meeting
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meeting on all roadways that abut the property. In addition, 10 days prior to the meeting 1
of the City Commission to consider either a waiver of plat or a tentative plat approved in 2
accordance with Chapter 28, notice of the date and time of the City Commission meeting 3
shall be provided to all property owners within a five hundred-foot radius of the subject 4
property. 5
(1) Waiver-of-Plat. A waiver-of-plat may be approved by the city commission. 6
(2) Prior to city commission approval, the application, for any subdivision approval 7
shall be reviewed by the planning board. The subject property shall be posted ten (10) 8
days prior to the planning board review of the application, and mailed notice shall be 9
provided to all property owners within a five hundred-foot radius of the subject property. 10
(3) City Commission Findings. Prior to approving a waiver-of-plat, the city 11
commission shall use the following guidelines: 12
(a) The building site created by the proposed waiver-of-plat will be equal to or larger 13
than the majority of the existing building sites and of the same character as the 14
surrounding area (this shall be demonstrated using copies of the official plat maps for the 15
subject property and surrounding neighborhood). Surrounding area is defined as all 16
abutting lots within the same zoning district, including those that are diagonal to the 17
property and separated by a roadway street, provided the roadway street is neither an 18
arterial or a collector roadway
(b) The building site created by the proposed waiver-of-plat will not result in existing 24
structures becoming nonconforming as they relate to setbacks and other applicable 25
regulations of these land development regulations. 26
non-arterial. In addition, the lot frontage of the subject 19
property shall be not less than the average of the lot frontage of lots within the same 20
zoning district and which are 300 feet on either side of the subject property or up until a 21
traffic intersection whichever is less and which shall include the lots within the property 22
to be platted. 23
(c) The building site created by the proposed waiver-of-plat will be free of 27
encroachments from abutting buildable sites. 28
(4) Additional Conditions. The city commission may designate such additional 29
conditions in connection with a waiver-of-plat as will, in its opinion, assure that such 30
waiver-of-plat will conform to the foregoing requirements. 31
(5) Additional Application Requirements. As part of the required final plat or waiver-32
of-plat application, applicants shall be required to submit a proposed site plan for the 33
resulting building parcels, an existing tree survey (may be included in property survey) 34
which shall indicate any proposed tree removal or relocation necessary, and, if so, the 35
appropriate city application for tree removal or relocation. 36
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Section 2.
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20-2.3 Definitions, is hereby amended to add the following 38
definitions: 39
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Arterial roadway is a roadway that connects freeways or expressways to 41
neighborhoods. 42
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Collector roadway is a roadway that connects to an arterial roadway and 45
penetrates neighborhoods. 46
Add-on item a)
Sponsored by City Attorney
April 7, 2015 City Commission Meeting
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Local Access roadway is a roadway that is connected to a collector roadway and 3
provides a direct approach to individual residences and structures. 4
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Section 3.
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Codification. The provisions of this ordinance shall become and be made 9
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 10
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 11
"ordinance" may be changed to "section" or other appropriate word. 12
Section 4.
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Severability. If any section, clause, sentence, or phrase of this ordinance is 14
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 15
shall not affect the validity of the remaining portions of this ordinance. 16
Section 5.
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Ordinances in Conflict. All ordinances or parts of ordinances and all 18
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 20
that give the appearance of being in conflict when the two ordinances can be harmonized or 21
when only a portion of the ordinance in conflict needs to be repealed to harmonize the 22
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 23
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 24
to harmonize the two ordinances shall be repealed. 25
Section 6.
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Effective Date. This ordinance shall become effective upon enactment. 27
PASSED AND ENACTED this ____ day of _____________, 2015. 29
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ATTEST: APPROVED: 31
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________________________ ________________________ 34
CITY CLERK MAYOR 35
1st Reading 36
2nd Reading 37
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 40
LANGUAGE, LEGALITY AND Mayor Stoddard: 41
EXECUTION THEREOF Vice Mayor Harris: 42
Commissioner Edmond: 43
Commissioner Liebman: 44
________________________ Commissioner Welsh: 45
CITY ATTORNEY 46