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6 - Additional BackupAdditional Back-up item #6 1 2 ORDINANCE NO. ______ _ 3 4 An Ordinance amending Section 20-4.2 of the City of South Miami's Land 5 Development Code to add criteria for the City's approval of the subdivision 6 of land, including subdivision by a waiver of plat or through the process set 7 forth in Chapter 28 of the Miami-Dade County Code. 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 14 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 17 18 WHEREAS, Section 20-4.2 does not provide any criterial for the approval of a plat that 19 has been tentatively approved by the Miami-Dade County platting division; and 20 21 WHEREAS, this proposed amendment to section 20-4.2 will have been presented to the 22 Planning Board before second reading of this ordinance and the board's recommendation will be 23 attached as backup for second reading; and 24 25 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to 26 enact criterial for the approval of a plat that has been tentatively approved by the Miami-Dade 27 County platting division. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as 33 follows: 34 Section 20-4.2 Land subdivision regulations. 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 Works. However, waivers of plat, 39 tentative plats, and final plats must also be approved by the City Commission and meet 40 the requirements of Subsections (B) and (B) 0), (2), (3), and (4) of this Section as set 41 forth below. 42 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or 43 structurally altered within the city shall be located on a platted lot, except that the .Geity 44 .Geommission may waive platted lot compliance in accordance with section 28-4 of the 45 County Code and the procedures set forth below. Revised Sept. 20 2015 Page I of4 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Additional Back-up item #6 (\) Wai ... er of Plat A wai ... er of ]'llat may be a]'l]'lro\'ea by tile City Commission. (I) Review and Notice. Prior to City Commission approval, the application for any subdivision approval shall be reviewed by the Planning Board. Tile sllBjeet ]'lre]'lerty sllall be ]'lostea teD (Hl) aays ]'lrior to tile Planning Boara re ... iew of tile a]'l]'llieatioD, aDa mailea Dotiee sllall be ]'lro ... iaea to all ]'lF8]'lerty oWfiers witllin 0 fh'e 1l1lDarea (5QQ) feot roaills sf tile ]'lerimeter of tile sllBjeet ]'lro]'lerty. At least ten (10) days prior to the City's Planning Board review of the application for waiver of plat, tentative or final plat. the subject property shall be posted by the Planning Department, with a notice of the date, time and place of the Planning Board meeting. on the subject property fronting all roadways that abut the property, and published. In addition, 10 days prior to the meeting of the City Commission to consider either a waiver of plat. or tentative or final plat approved in accordance with Chapter 28and this section, notice of the date, time and place of the City Commission meeting shall be posted (in the same manner as required above for a Planning Board review), published , and provided by U.S. Mail to all property owners within a five hundred (500) feet radius of the perimeter of the subject property. (2) City Commission Findings. Prior to approving a waiver of plat, tentative or final Jlli!1, the ~eity ~eommission shall use the following guidelines: (a) The building site created by the proposed waiver-of-plat, tentative or final plat, will be equal to or larger than the majority average [median?] of the existing building sites and of the same character [(geometric configuration)?] 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 lots within the same zoning district and within a radius of five hundred (500) feet from the perimeter of the subject property . In addition, the lot frontage and net lot area of the building site(s) created shall be not less than the average of the lot frontage and net lot area of lots within the same zoning district and within a five hundred (500) foot radius of the perimeter of the subject property and which shall exclude the applicant's proposed building siMs). to be created. No building site shall be diminished such that the street frontage and net lot area of the parcel is less than prescribed by the City'S land development regulations. [New language that may suggest using FAR should instead use "maximum unit size."] (b) The building site created by the proposed waiver-of-plat, tentative or final plat, will not result in existing structures becoming nonconforming as they relate to setbacks, lot area, lot width and depth, ground coverage and other applicable regulations of these land development regulations and/or City'S Code of Ordinances. The voluntary demolition of a structure which eliminates any of the conditions identified in this criterion shall not constitute or result in compliance with this criterion unless the demolition or removal occurred more than four (4) years prior to the application for a waiver-of-plat. (c) The building site created by the proposed waiver-of-plat, tentative or final plat, will be free of encroachments from abutting buildable sites. (d) The building site created by the proposed waiver-of-plat, tentative or final plat, is free of any declarations of restrictive covenants, unity of title, easements, or the like which would prevent the separation of the site. Revised Sept. 20 2015 Page 2 of 4 I 2 3 4 5 6 7 8 9 \0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Additional Back-up item #6 (e) The proposed building site-maintains and preserves open space as required by the applicable zoning district, promotes neighborhood compatibility, preserves historic character, and enhances visual attractiveness of the area. CD The scale of any proposed new construction shall be compatible with the as-built character [(the size of structures)?] of the surrounding area, and shall not create adverse impacts on the surrounding area. (3) Additional Conditions. The eCity e~ommission shall may-designate such additional conditions in cormection with a waiver-of-plat, tentative or final plat, as will , in its opinion,; assure that such waiver-of-plat, tentative or final plat, will conform to the foregoing requirements in this section. (a) Additional conditions shall ensure the retention of specimen trees aod eaoopy on subject property [, except as may be permitted under the tree ordinance, ?] and shall ensure adherence to minimum zoning code standards. [The voluntary removal of a specimen tree shall not constitute compliance with this condition.] (b) Miami-Dade County waivers of minim urn septic tank standards shall not be granted by the City . (c) In their review and recommendations , the Plarming Department and [lor] Plarming Board may recommend, and the City Commission may Pfessfiee [require?], conditions or safeguards restricting the overall size, [and establishing the?] orientation and location of the new structures to be built on the resulting lotsr.]~ [(d) The Plarming Department and/or Plarming Board may recommend, and the City Commission may] \--and require preservation of existing single family homes that qualify for designation under the criteria for historic preservation in the Land Development Code. [(e)] All such conditions and safeguards shall be consistent with the purpose and intent of the City'S Land Development Code and Comprehensive Plan. (M) Additional Application Requirements. As part of the required tentative or final plat or waiver-of-plat application, applicants shall be required to submit a proposed site plan drawn to scale, and indicating the following information for the entire subject property to be subdivided: a. Location, shape and spatial arrangement of all existing and proposed buildings, walls, improvements and structures. b. Location, shape and spatial arrangement of all parking areas and access roads. c. Existing and proposed utility services. d. Existing and proposed elevations. e. Setbacks, yard requirements and easements. f. Existing and proposed wells . g. All sink holes, solution holes, rock outcroppings and historical sites. h. A certified tree survey [acceptable to the City?] overlaid directly upon the site plan, and indicating the location, referenced to structures, of all trees meeting the dimensions set forth in Section 20-4.5 . The survey shall distinguish the existing trees proposed to be destroyed, relocated, replaced, preserved at their present location, or introduced into the development from an off-site source. All trees shall be identified by variety, trunk circumference and height. No tree removal permit applications shall be submitted to the City and no tree removal permits shall be issued by the City, until after final plat approval. Revi sed Sept. 20 2015 Page 3 of 4 Additional Back-up item #6 I I. No final certificate of occupancy shall be issued nor electrical power cut-in 2 authorization given until the relocation or replacement of trees, as required by the tree 3 removal permit has been completed, and the final tree inspection approval by the City. 4 Trees relocated from one portion of the site to another, which do not survive S transplantation, shall be replaced with a suitable replacement tree, as determined by City 6 staff. 7 Ii. Resolutions approving a lot split, waiver of plat, or final plat, with conditions, 8 shall be recorded in the public records of Miami-Dade County, to ensure notice to 9 subsequent property owners of the restrictions imposed on the subjcct property as a 10 r csult of the lot split application. Applications to amend the conditions may be filed II with the Planning Department for consideration by the City Commission. ?I 12 13 (C) Improvements Required. 14 (I) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer I S in accordance with Chapter 28 of the County Code and other applicable city 16 requirements, unless such can be and are waived or deferred by the city commission. 17 (2) No building shall be erected, improved, modified, altered or enlarged in any 18 zoning use district, other than in an RS residential district , unless proper public 19 improvements have been installed. 20 (D) Creel ian afA ulheri;:ed Buildiltg Siles. 21 (I) !'Ie IHlilsiRg (3eFHIit fer the eeRstrll6tieR ef aRY struetllre withiR the aity shall Be 22 isslles IIRtil !lIl alltheri:les BliilsiRg site has BeeR ereates 'Nhieh meets at least eRe (I) ef 23 the fellewiRg eriteria: 24 (a) Is (3aFt ef a reeerses sliBsiyisieR (3lat ; 2S (B) Is (3aFt ef aR effieially a(3(3re\'es (3lannes IIRit sevele(3meRt whieh: 26 i. Pre'o'ises fer alllitility !lIlS sraiRage easemeRts , alleys, streets aRs ether (3I1Blie 27 im(3re'/emeRts ReeeSSa!)' te meet the ReFHIal re((lIiremeRts fer (3lattiRg, !lIlS 28 ii. IRellises the sesigHatieR efllllilsiRg areas ans easemeRts, alleys aRs streets 29 re((lIires ans (3rs(3erly sesieates, aRs Reeessary (3I1Blie im(3re'o'emeRts ; sr 30 (6) FreRts li(3eR a sesieates (3IiBlie street aRs was se(3arately eWRes (3rier ts the 31 effeeti ... e sate sf this Gsse sr aHHe)(atisR ts the eity; 32 (2) Wherever there e)lists a siRgle family swelliRg IIRit whieh was eSRstruetes eR a 33 BliilsiRg site eeRtaiRiRg tws (2) sr mere (3laaes lsts, the RSResRfermiRg let efreeero 34 (3re\'isisRS iR this Gese shall a(3(3ly. 3S (3) estaBlishes BliilsiRg sites shall Ret Be resliees iR aRY maHHer te a si:le , .... hieh is 36 less thaR that re((lIires fer the :lsRiRg sistriet iR whieh leeates. 37 38 39 Section 2. Codification . The provisions of this ordinance shall become and be made 40 part of the Land Development Code of the City of South Miami as amended; that the sections of 41 this ordinance may be renumbered or re-lettered to accomplish such intention ; and that the word 42 "ordinance" may be changed to "section" or other appropriate word. 43 44 Section 3. Severability. If any section , clause, sentence, or phrase of this ordinance is 45 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 46 shall not affect the validity of the remaining portions of this ordinance. Revised Sept. 20 2015 Page 4 of 4 Additional Back-up item #6 1 2 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 3 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 4 5 Section 5. Effective Date. This ordinance shall become effective upon enactment. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED AND ENACTED this __ day of _____ • 2016. ATTEST: CITY CLERK 1 st Reading 2nd Reading 3rd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Revised Sept. 20 2015 Page 5 of 4 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: Additional Comments re Section 20-4.2 PI line 42 The few remaining un-platted parcels left in the City should have the right to have additions built on them without having to go through the plating process. p 2 line 24 Thinking that you can get a feel for the neighborhood's character by looking at the square footage average and from front footage average of all residences of the same zoning district within a 500' radius taken from any point of the subject property is not reasonable. Let's examine the property located at 7441 and the adjacent property. In 1987 the 164' wide double lot on SW 64 Ct was the subject of a lot split. The proposed ordinance as it would apply to these properties, which requires an examination of the properties within a 500' radius, takes us Northwest to the back yards of two properties on the cul-de-sac of73 St that, in order to drive by and see them, you would need to pass by 4 properties that are outside of the 500' radius. The 500' radius would also takes us west to properties on the other side of the Brewer Canal. You would need to travel all the way around Manor Lane, passing by the Manor Lane businesses and the old motel, turning north on SW 65 PI. What's west of the canal does not influence any properties that are east of the canal and should not be considered in evaluating the character of the surrounding neighborhood of the property in question. One suggestion that would help is to consider front footage of properties within 300 ft of the subject property. If that would have been on the books in 1987 we would have had to average in JES's 11211f, Wilma's 112 Ilf, Connie's 921/f, Gordon's 139 lIf, and 2 comer lots of 80 lIf and 2 comer lots of 87 lIf. If the present 300' requirement would have been in effect in 1987 the professor who owned the lots wouldn't have been able to split it and the current owners of the lot split properties probably would not have been able to afford a home in South Miami. Suppose that the professor's lot never included the 10' bought from Mary Scot's lot and that he had only enough to create 2 -77' wide lots. When you had to factor in 2 comer lots of 80 and 87' widths he would have been at a disadvantage because comer lots in this City tend to be larger than interior lots. Yes, we need a lot split ordinance that would have protected the residents that are near the moonscape PalmCorp property on Miller and 65 Av. They initially wanted to put 5 -75' wide X 280' deep lots across the street from 100' square lots. PalmCorp's proposed 5800 sq ft houses. A builder could have maxed out the .47 FAR and built 10,000 sq ft super me mansions. Yes, PalmCorp's proposed houses were 58% of what they could have been but they were also 20% larger than the maximum house permitted across the street and 3X the actual house that was across the street. 5 of PalmCorps proposed 5800 sq ft houses side by side would have given the perception of a solid mass of concrete 375' across. As we rewrite the lot split ordinance, keeping the PalmCorp debacle in mind, the following changes should be considered: 1) Lowering the FAR limitations on the newly created lots, capping their square footage of structures and square footage of impermeable (built on the new lot) to what the maximum FAR buildout and the maximum % permeable would be for the average of lots on both sides of the street within 300' of any point on the subject property whose lot is not a comer lot nor is one that has property added to or taken away from it, and I would propose removing the largest and smallest lot from this equation. This would have forced PalmCorp to build houses that were in keeping with the neighborhood's maximum size. 2) Keep the present averaging criterion for square footage and front footage at 500' either way down the street on the same side and across the street within the same zoning district from the subject property, not counting comer lots, not counting lots that have had property added to them or taken away from them, not counting lots that aren't within the neighborhood's original platting and removing the largest and smallest lots from the averaging. If a comer lot needs to be split then the new comer lot should be judged by the other lots that abut the intersection and the interior lot should be judged against the square footage of interior lots 3) P2line37. 4 years is too long a period of time to be forced to wait before an owner can apply for a Replat after he knocks down a structure which would encroach on the newly platted lots' setback.