14III
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 20-4.2 of the City of South Miami's Land
4 Development Code to add, clarify and/or modify criteria for the City's
5 approval of a waiver of plat, and for approval of all plats or re-plats
6 requiring approval by Miami-Dade County and adding defmitions for
7 roadways in Section 20-2.3.
8
9 WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the
10 process of subdividing parcels of land in the City of South Miami; and
.11
12 WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of
13 Chapter 28 of the Miami-Dade County Code of Ordinances; and
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15 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must
16 be approved by the City of South Miami before it can obtain final County plat approval; and
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18 WHEREAS, the title of this amended ordinance, as originally proposed, adequately
19 described the purpose and intent of the amendment; and
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21 WHEREAS, the amendment was changed and broadened in scope between first and
22 final reading; and
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24 WHEREAS, in an abundance of caution, the ordinance is being re-adopted with a
25 broader title and a definition of arterial streets; and
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27 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to
28 re-enact this ordinance.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. Section 20-4.2 Land subdivision regulations, is hereby amended to read as
34 follows:.
35
36 (A) Applicable Regulations. The subdivision of all land within the city shall be
37 subject to Chapter 28 of the Miami-Dade County Code of Ordinances and administered
38 by the Miami-Dade County Department of Public Work. However, final plat approval
39 must be approved by the City Commission and meet the same requirements of Subsection
40 (B)(2), (3), (4) and (5) of this Section as set forth below.
41 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
42 structurally altered within the city shall be located on a platted lot, except that the city
43 commission may waive platted lot compliance in accordance with section 28-4 of the
44 County Code and the procedures set forth below. At least ten (l0) days prior to the
45 planning board review of the application for waiver of plat, the subject property shall be
46 posted by the Planning Department with a notice of the date and time of the planning
47 meeting on all roadways that abut the property. In addition, 10 days prior to the meeting
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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.
(2) Prior to city commission approval, the application, for any subdivision approval
shall be reviewed by the planning board. The subject property shall be posted ten (l0)
days prior to the planning board review of the application, and mailed notice shall be
provided to all property owners within a five hundred-foot radius of the subject property.
(3) 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 of the official plat maps for the
subject property and surrounding neighborhood). Surrounding area is defined as all
abutting lots within the same zoning district, including those that are diagonal to the
property and separated by a roadway street, provided the roadway street is neither an
arterial or a collector roadway ReR arterial. In addition, the lot frontage of the subject
property shall be not less than the average of the lot frontage of lots within the same
zoning district and which are 300 feet on either side of the subject property or up until a
traffic intersection whichever is less and which shall include the lots within the property
to be platted.
(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.
(4) 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.
(5) 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. 20-2.3 Definitions, is hereby amended to add the following
defmitions:
* * *
Arterial roadway is a roadway that connects freeways or expressways to
neighborhoods.
* * *
Collector roadway is a roadway that connects to an arterial roadway and
penetrates neighborhoods.
* * *
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2 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
5 * * *
6
7 Section 3. Codification. The provisions of this ordinance shall become and be made
8 part of the Code of Ordinances of the City of South Miami as' amended; that the sections of this
9 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
10 "ordinance" may be changed to "section" or other appropriate word.
11
12 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
13 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
14 shall not affect the validity of the remaining portions of this ordinance.
15
16 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
17 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
18 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
19 that give the appearance of being in conflict when the two ordinances can be harmonized or
20 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
21 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
22 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
23 to harmonize the two ordinances shall be repealed.
24
25 Section 6. Effective Date. This ordinance shall become effective upon enactment.
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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:
~!~~~~!:E_l~~~:~~ ________ . __ , __ ,_, ________ .,. ____ --'=-_Q~BL &J;.I~I.~ __ , ___ _'" _____________ , ___ , _____ I_!.1 ____ , ________ ,_,2UN~~~~_~.~~,~ 12, 201~J_!_~
COURTS
Vuitton v. Swap Shop case goes to trial
BY PAUlA MCMAHON
Sun Sentinel
Coming Monday to a
South Florida courtroom; A
battle ro}'ll1 between luxury
brand Louis Vuitton and the
Swap Shop flea market ~r
designer knockoffs.
Preston Reno might have
thought the &shion indm;t-
rywas done with him about
a year ago when he settled
similar allegstiOIlS by Coach
for $5.5million -lID amoW"lt
the eec:.entric Swap Shop
owner called "pocket
change" at the time.
This time, Heno vaws he
will fight the expensive
French designer brand's
claims against blm. his wife
Betty and their iconic busi-
ness on Sunrise Boulevard
inLauderhilL
Louis Vuitton is seeking
millionsofdollarsin theled-
era! civil lawsuit, alleging
that the Henns contributed
to the counterfeiting of its
tradema:rk designs and
products by continuing to
lease space to flea market
tenants they knew, or
should have known, were
selling fake Louis VuItton
items.
Henn, 84. told the Sun
Sentinel he regrets settling
the Coach lawsuit in De·
cember 2013 after just two
dip of testimony and said
he plans to fight the Louis
Vuitton case all the way,
though he won't reveal trial
strategy.
''If you were playing p0-
ker, would you let someone
see ")lOur hand while you're
still playing?" Heon said.
Henn could be playing a
risky hand. If jurors side
with Louis Vuitton, Henn
might have to pay damages
between $1,000 and $2 mU-
lion lor each proven trade-
mark violation.
Legal experts say each
suitcase, handbag or wallet
could count for several vio-
lations. The design on the
leather or tabric, the label,
the clasp andotherpmscan
each count as a sepa:rate
bxeachand the penalties can
swiftly add up.
Louis Vuitton has not
specified how many possi-
ble trademark violations it
alleges took place in the
four-year period covered. by
the lawsuit. The luxury
brand sells luggage, hand-
bags, wallets, clothing and
other items for hundreds
and thousands of dolla:rs
apiece.
The case will be cl05ely
watched by other fashion
and luxury brands because
it is so unusual for these
kinds of contributory trade-
mark lawsuits to make it to
trial. Defendants usually
settle because the stakes are
so high..leg:al ~erts said.
Louis Vuitton's lead trial
lawyer Harry Schafer said
he plans to make Henn's sig-
nificant personal wealth a
.feature of the trial.
FRED GRIMM I IN MyOPIN!ON
"[Henn] is worth proba-
bly close to three-quarters
of a billion dollars:' Schafer
told U.S. DistrictJudge WiL-
liam Zloch in court. "This
isn't some mom-and-pop
operation."
Henn wouldn't put anes-
timate on his personal
wool,,"
"They can say anything
they want to," Henn said.
"MY wife and I work seven
days a week and it's almost
24ft'
If Louis Vuitton wins,
Schafer told the trial judge
he will seek hetqo d9mages,
partly because Heno char-
acterizedhis $5.5millionset-
Hement with Coach as
''pocket change" inaninter-
view with the SUn Sentinel.
"It's going to take a heck
of alot more than that to de-
ter Mr. Heon,~ Schafer said.
Schafer argues that Heon
and his wife deliberately
turned a blind eye to thesale
oIfake designergoodsat the
flea market. Their motive,
SchafeI' says, was to make
mote money.
Severa1law enfurcement
raids, many arrests and re-
peated notifications from
Louis Vuitton and other de-
signer brands mean the
Herms have long been aware
their fiea market is well
known as "the place tr:I go if
one is looking to purchase
rounterfeit itl'lllS:' according
tr:I the louis Vuittonlawsuil
Henn's empire includes
n"
bear genuine
trademarks, the Henns -
who own numerous genu-
ine Louis Vuitton items -
are aware of the price and
quality of genuine Louis
Vuitton items," Schafer
wrote in court records.
Reno's defense lawyers,
Bruce Rogow and Steven
Osba', will argue that most
reasonable people who buy
"Louis Vulttun" at the SwIIp
Shop don't believe they are
purchasing the real thing .
And the designer's reputa-
Scott could take reform lessons from Georgia
-GRIMM, FROMIB Hewasoutragedbywhathe
foUlld. '1£ one of your kids
ed prison education pro-were kept in such circum·
grams. The famously con-stances, you'd be up there
servative governor has with rifles:' Kirksaid.
pushed through programs Scott oUght to try an un-
aIIlled at reducmg the num-annoUllced visit to a Florida
ber of JUveniles and adult prison.Hemighthaveasim-
_ """,.;",t..n~ .A~,,,, ,,,rJ',.nr.lA~-,, __ iL>,,, ...... ..t~ti<ln. _
CITY OF SOUTH MIAMI
COURTESY NOTICE
Nona.: IS nER~II:\' gi~"l;ln .1118.1 too City r.(lmmiasion of the City ofSoulh Mi~tni. Florida will oonduCl Publlc HeaL'ing(s) al it.'I
regul;u: City CommiSSIon mee~ng s.::heduledfor T"redgy ';'pri! 21 2015 begi1lniPll at 1;00 J'.m., in the City COP\II,i'l';ioll Ch!lll,helll.
6130 Sun5erDrive, to consider the fullowing iftln(s):
A fk:;oltnion AUlhorizing the City Manager to c'lll~ in~) a Me ye.r"ml11lct ut\."fISiQn with Alfie E1~ctmoic5.
A RC!KIlurion am~llCling the City<lfSoutb Miami'l'ay Plall-
All Onlirumoo KII!cl\clingAl'ticlert, S.cti<lnS-7-5-1 [of the City ofSO!lIh Miami's Cod~ofOnli=c:; and 1oenae! SeeliOll
5-11 ~ rcgulQtcdogs and torequire lhe removal of dogv,3S1e, defining the ofJe!l3C and o.st~bli5bingptnal~c.~.
AD .0"dinanro ":"'CIldir-jl Se<~n .15-93. lil100 "!"oi,e-<'"lIl~lirls ht,,"",,!!, ptlWCr faM, ar internal c:ornnu!IIi,tn togilll)'''.
re-tltlmg til!! orolnance, tucrea .. ng 110 500pe, definmg oI'fen."$aru! e.;lIibli~hi'\g penal!ies.
(
~ O~~e 3lIIC~rliDg Section 20-":2 oflhc City of South Mi.n,i", Lan!ll:lel'clopnlmrCod~ to add. darity and/or mOdil'y)
~:~ :0 !l~~~~ ~h:i~~ %~ ~~:~!~r~~~~~~~~~t~1 ofall plats or re-plats mqutrln& i;lprow.! bY!-.'liami·Daoo
ALL ;nkre.1ed partiC3 arc invilcdto 1II1\:Ild and win he heard.
Forfuliher informati~n, please contact the City Clerkll omce at: 305·663.6340.
Maria M. Mencmk:z, Ct>-tC
CityCk-rk
~I ~u ~'~n,,:, Slann", 286.0105. ,~" Clly ~,~.by ad~i.'" tOc. public Iho~ ih po",,,,, me,do, I~ O[l\lcoJ MY dod,i"" made It; jJ,is llo .. <I,A~"'cy
"r CGmmC''''Oll WId, ""'Pocr r~ any mOll"" """,,""red "'~TtlO""ng or h"""ng, he Or .be will nO<:<!. Jt!Com ofrhcIH'n<ecdins" and th.( fUT ,""cit ,,\"p_ .• Jfuctt:d".,wu may """cl to e .. ,.re that. ,~bo"", """N uf Ih~ pro<:t:wings iSlllllde whick record '""tud., th. r .. limu!\y and .,id.nce
"1"''' "",iell 'he apJ>O"l i. 10 """""""
tionis notsulli!rlngany dam-
age or brand confusion be-
cause of a Ji!w ruch alleged
sales, the defense argues.
The designer items ate Ie-
; ,
,
gaily sold -new -oo1y at
Louis Vuitton stores, the
company's online stoze and
some upscale department
stores.
l..nf Imjlicmcnh. ... 1 F.s. HlO3.4282; F.S. 1003.4156: F.S. 1008.22; ES.
100".1.4285; F.s.1OOln2: F.S.IOlU.4:lR
HEARING wn.t BE HELD A:r tltE DATI:, TIM.!! AND Pr.ACE
SHOWN BELOW;
DIlTEANDTIMR;Tucoday, Mof 12,2015.110;00 .. ",. (&wru! \\bJl:'hop)
PIACE FOR MEETING: Kalhl= C. Wrighl Admini~tmri~n Builrling.
Sch<l<Jl BO;Irrll&eting Room, 600 S!l3~ Avo",,",. FIIIt La.we!l.!3kl. FL
, .
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MIAMI DAIL YBUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida"
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority p"ersonally appeared
MARIA MESA, Who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami .Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami~Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING 4/21/2015
in the XXXX Court,
was published in said newspaper in the issues of
04/10/2015
Affiant further says that the said Miami Daily Business
Review is ~·newspaper published at Miami in said Miamj~Dade
County) Florida and that the said newspaper has
heretofore ~een continuously published in said Miami~Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of. advertisement; and affiant further says that he or
she" has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
neWSP?;jff] ?
Sworn to and subscribed before me this
'" ..,~ro"
(SEAL)
MARIA MESA personally known to me
o. V. FERBEYRE
Notary PubliC -State of Florida
My Comm. expire. Ju19, 2018
Commission II FF 102821