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2 ORDINANCE NO. _____ _
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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
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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, Section 20-4.2 does not provide any criteria for the approval of a plat that
19 has been tentatively approved by the Miami-Dade County platting division; and
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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
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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.
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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.
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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 (m and (B) (]), (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 ~eity
44 ~eommission may waive platted lot compliance in accordance with section 28-4 ofthe
45 County Code and the procedures set forth below.
46 (1) Waiver efPlat A waiver efplat may be appreved by the City Cemmissien.
Revised Sept. 20 2015
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(l) Review and Notice. Prior to City Commission approval, the application for any
subdivision approval shall be reviewed by the Planning Board. The subject property shall
be postea teR (10) days prior to the Plar.niRg Boara review of the applicatiOR, ana mailea
Rotice shall be proviaea to all property OWl1ers withiR a five hURarea (500) foot raaius of
the perimeter of the subject property. 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.
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(2) City Commission Findings. Prior to approving a waiver of plat, tentative or final
plat, 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 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 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 site(s), 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.
(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.
(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.
Revised Sept. 20 2015
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CD The scale of any proposed new construction shall be compatible with the as-built
character of the surrounding area, and shall not create adverse impacts on the surrounding
area.
(3) Additional Conditions. The e~ity e~ommission shall may-designate such
additional conditions in connection 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.
Ca) Additional conditions shall ensure the retention of specimen trees and canopy on
subject property and shall ensure adherence to minimum zoning code standards.
Cb) Miami-Dade County waivers of minimum septic tank standards shall not be granted
by the City.
C c) In their review and recommendations, the Planning Department and Planning Board
may recommend, and the City Commission may prescribe, conditions or safeguards
restricting the overall size, orientation and location of the new structures to be built on the
resulting lots, and require preservation of existing single family homes that qualify for
designation under the criteria for historic preservation in the Land Development Code.
All such conditions and safeguards shall be consistent with the purpose and intent of the
City'S Land Development Code and Comprehensive Plan.
CM) 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 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.
i. No final certificate of occupancy shall be issued nor electrical power cut-in
authorization given until the relocation or replacement of trees, as required by the tree
removal permit has been completed, and the final tree inspection approval by the City.
Trees relocated from one portion of the site to another, which do not survive
transplantation, shall be replaced with a suitable replacement tree, as determined by City
staff.
(C) Improvements Required.
(1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer
in accordance with Chapter 28 of the County Code and other applicable city
requirements, unless such can be and are waived or deferred by the city commission.
Revised Sept. 20 2015
Page 3 of 5
1 (2) No building shall be erected, improved, modified, altered or enlarged in any
2 zoning use district, other than in an RS residential district, unless proper public
3 improvements have been installed.
4 (D) Creatien efA utherized Building Sites.
5 (1) No building permit for the eonstruetion of any strueture within ilie eity shall be
6 issued until an authorized building site has been ereated whieh meets a, least one (I) of
7 ilie following eriteria:
8 (a) Is part of a reeorded subdivision plat;
9 (b) Is part of an offieially approved planned unit development whieh:
10 i. Pro\'ides for all utility and drainage easements, alleys, streets and other publie
11 improvements neeessary to meet ilie normal reEjuirements for platting, and
12 ii, Ineludes ilie designation of building areas and easements, alleys and streets
13 reEjuired and properly dedieated, and neeessary publie improvements; or
14 (e) Fronts upon a dedieated publie street and was separately owned prior to the
15 effoetive date of this Code or aune)[ation to the eity;
16 (2) Wherever iliere e)[ists a single family dwelling unit whieh was eonstrueted on a
17 building site eontaining two (2) or more platted lots, the noneonforming lot of reeord
18 provisions in iliis Code shall apply,
19 (3) Established building sites shall not be redueed in any manner to a size whish is
20 less ilian iliat FeEjuired for the zoning distriet in vmiehloeated,
21
22 Section 2. Codification, The provisions of this ordinance shall become and be made
23 part of the Land Development Code of the City of South Miami as amended; that the sections of
24 this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
25 "ordinance" may be changed to "section" or other appropriate word.
26
27 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
28 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
29 shall not affect the validity of the remaining portions of this ordinance,
30
31 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
32 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed,
33
34 Section S. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this _ day of _____ , 2016,
ATTEST:
CITY CLERK
151 Reading
2nd Reading
3'd Reading
READ AND APPROVED AS TO FORM:
Revised Sept. 20 2015
Page 4 of 5
APPROVED:
MAYOR
COMMISSION VOTE:
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LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Revised Sept. 20 2015
Page 5 of 5
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
)
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 a plat or re-plat
6 tentatively approved by the Miami-Dade County.
7
8 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
11 WHEREAS, Section 20-4 .2 defers to the Miami-Dade County platting process of
12 Chapter 28 ofthe Miami-Dade County Code of Ordinances; and
13
14 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
17 WHEREAS, Section 20-4.2 does not provide any eriterial criteria for the approval of a
18 plat that has been tentatively approved by the Miami-Dade County platting division; and
19
20 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to
21 enact aHy eriterial criteria for the approval of a plat that has been tentatively approved by the "'1 Miami-Dade County platting division.
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
2 6
27 Section 1. Section 20-4 .2, "Land subdivision regulations," is hereby amended to read as
28 follows :
29 Section 20-4.2 Land subdivision regulations .
30
31 (A) Applicable Regulations. The subdivision of all land within the city shall be
3 2 subject to Chapter 28 of the Miami-Dade County Code of Ordinances and administered
33 by the Miami-Dade County Department of Public Works. However, waivers of plat.
34 tentative plats. and final plats must also be approved by the City Commission and meet
35 the requirements of Subsections (B) and (B) (1), (2), (3), and (4) of this Section as set
36 forth below.
37 (B) Platted Lot Compliance . Every building or structure hereafter erected, moved or
38 structurally altered within the city shall be located on a platted lot, except that the ~eity
39 Ceommission may waive platted lot compliance in accordance with section 28-4 of the
40 County Code and the procedures set forth below .
41 (l) Waiyer sf Plat A waiver sfplat may ae 8jlprevea ay the City Cemmissisn.
4 2
'1 (l) Re view and Notice, Prior to City Commission approval , the applicat ion for any I
.4 subdivision approval shall be reviewed by the Planning Board. The sulljeet preperty shall
4 5 ae pestea ten (Hl) aays prier te th e P larilling Beara review efthe 8jlplieatieH , aHa mail ea
Rev ised Se pt. 2 0 201 5
Page 1 of 4
1 Be tiee sRall be previded te all preperty eWliefS witmB a five RIIBdrea (5QQ) fe et mdills ef
2 tile perimeter eftRe slIbjeet preperty. At least ten (10) days prior to the City 'S Planning
3 Board review of the application for waiver of plat, tentative or final plat. the subject
4 property shall be posted by the Planning Department, with a notice of the date, time and
5 place of the Planning Board meeting, on the subject property fronting all roadways that
6 abut the property, and published. In addition, at lea st 10 days prior to the meeting of the
7 City Commission to consider either a waiver of plat, or tentative or final plat approved in
8 accordance with Chapter 28 and this section, notice of the date, time and place of the City
9 Commission meeting shall be posted (in the same manner as required above for a
10 Planning Board review), published, and provided by U.S. Mail to all property owners
11 within a five hundred (500) feet fo ot radius of the perimeter of the subject property.
12
13 (2) City Commission Findings. Prior to approving a waiver-of-plat, tentative, or final plat,
14 the Ceity Ceommission shall use the following guidelines [How are th ese g uid e lin es to be u sed?
15 Does thi s mean th at th e Commi ss ion ca n appro ve th e a pplic ation even if no ne of th ese crite rion
16 ex ist? Mu st at leas t a certain numbe r of th ese crit e rion ex ist to app rove th e a ppli ca ti on? In
17 sub sec ti o n (e) below , who dec id es wh at's attra cti ve , compatible , or hi sto ri c? Sho uld it be th e
18 Plannin g Board? Do es s ub se cti o n (e) indi cates that th e s it es would be all o w ed to N OT fo llow
19 th e o pen-s pace requirem ent s of th e zo nin g di stri ct if the y "enhan ce vi sual attrac ti ve ness o f the
20 ar ea"?]
21 ~:
22 (a) The building site created by the proposed waiver-of-plat, tentative or final plat, _
23 be equal to or larger than the m~erity a'.'era ge median of the existing building sites and of the )
24 same character [Ihe LD C need s a de fi niti on fo r "Chara cte r"?]
25 as the surrounding area (this shall be demonstrated using copies of the official plat maps for the
26 subject property and surrounding neighborhood). Surrounding area is defined as all lots within
2 7 the same zoning district and within a radius of five hundred (500) feet from the perimeter of the
28 subject property. In addition, the lot frontage and net lot area of the building site(s) created shall-
2 9 be not be less than the average median of the lot frontage and net lot area of/ots within the same
30 zoning district and within a five hundred (500) foot radius of the perimeter of the subject
31 property and which shall exclude the applicant's proposed building siMs), to be created. No
32 building site shall be diminished such that the street frontage and net lot area of the parcel is less
33 are th e co n se quenc es if a
34 of the in th e >UllUUlnUitn
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(b) The building site created by the proposed waiver-of-plat, tentative, or final plat, will not
result in existing structures on the initial sub ject property 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
property for 4 years. Is there a solution to the latter of these two results? n
(c) The building site created by the proposed waiver-of-plat, tentative or final plat, will be
free of encroachments from abutting buildable sites. [What does this mean? How does an
abutting buildable site encroach?
(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.
(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.
(f) The scale of any proposed new construction shall be compatible with the as-built character of
the surrounding area, and shall not Gfeate aeh 'efse imllaets aA harm to the surrounding area.
(4-}) Additional Conditions. The aCity aCommission shall designate such additional
conditions in connection with a waiver-of-plat, tentative or [mal plat, as will, in its opinion;
assure that such waiver-of-plat, tentative or final plat, will conform to the fafegaiAg requirements
in this section.
Revi se d Sept. 20 201 5
P age 3 of4
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(cl
in the Land Development Code. All such
conditions and safeguards shall be consistent with the purpose and intent of the City's Land
Development Code and Comprehensive Plan.
(~ 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 : [Shouldn't requirement (al below be limited to a lot split when
the applicant has the intent of building on the vacant lot as oppo sed to selling the vacant
lot?) ~~~~~~~~~~~~~~~~~~~~~~~~~§g~~~~tifthey
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 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, or preserved at their present location, or introduced into the development from
an off-site source. All trees shall be identified by variety, truru( sirsliffifereAse specie s and
I!eight DBH. No tree removal permit applications shall be submitted to the City and no
tree removal permits shall be issued by the City, until after [mal plat approval.
i. No [mal certificate of occupancy shall be issued nor electrical power cut-in
authorization given until the relocation or replacement of trees, as required by the tree
removal permit, has been completed, and the final tree inspection approval by the City .
Trees relocated from one portion of the site to another, which do not survive
transplantation, shall be replaced with a suitable replacement tree, as determined by City
staff.
Revised Sept. 20 2015
Page 4 of 4
)
)
2
3 IT BACK IF THE NEW LOT SPLITTING ORDINANCE ,
4 NOT GOING TO BE SUBMITTED FOR APPROVAL IN WITH
5 IS AMENDMENT TO 20-4.2
6
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8 (C) Improvements Required
9 (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer
lOin accordance with Chapter 28 of the County Code and other applicable city
11 requirements, unless such can be and are waived or deferred by the city commission.
12 (2) No building shall be erected , improved, modified, altered or enlarged in any
13 zoning use district, other than in an RS residential district , unless proper public
14 improvements have been installed.
15 (D) Creation of Authorized Building Sites .
16 (1) No building permit for the construction of any structure within the city shall be
17 issued until an authorized building site has been created which meets at least one (1) of
18 the following criteria:
19 (a) Is part of a recorded subdivision plat;
20 (b) Is part of an officially approved planned unit development which:
21 i. Provides for all utility and drainage easements, alleys, streets and other public
')2 improvements necessary to meet the normal requirements for platting, and
) ii. Includes the designation of building areas and easements, alleys and streets
24 required and properly dedicated , and necessary public improvements; or
25 (c) Fronts upon a dedicated public street and was separately owned prior to the
26 effective date of this Code or annexation to the city ;
27 (2) Wherever there exists a single-family dwelling unit, which was constructed on a
28 building site containing two (2) or more platted lots, the nonconforming lot of record
29 provisions in this Code shall apply.
30 (3) Established building sites shall not be reduced in any manner to a size which is
31 less than that required for the zoning district in which located. [Should any consideration
32 be g iven to neighborhoods with sma ll non-conforming lots such as in the RS-3.]
33
34
35 Section 2. Codification . The provisions of this ordinance shall become and be made
36 part of the Land Development Code of the City of South Miami as amended; that the sections of
37 this ordinance may be renumbered or re-lettered to accomplish such intention ; and that the word
38 "ordinance" may be changed to "section" or other appropriate word .
39
40 Section 3. Severability. If an y section, clause , sentence, or phrase of this ordinance ·is
41 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
42 shall not affect the validity of the remaining portions of this ordinance.
43
44 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.
46
Revi s ed Se pt. 20 201 5
Page 5 o f4
1 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ ., ~2016.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
3rd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Revised Sept. 20 2015
Page 6 of4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: