7 - Additional BackupAdditional Back-up for item #7
1 With possible edits per discussion 1-28-16
2
3 ORDINANCE NO. _____ _
4
5 An Ordinance amending Section 20-5.17, "Reserved," of the City of South
6 Miami's Land Development Code to create a new section entitled "building
7 site approval or creation; lot split," to establish procedures for identifying
8 lawful building sites, and for subdividing land into buildable sites or for
9 transfer of ownership.
10
11 WHEREAS, the City's Land Development Code provides for the process of reviewing
12 and approving buildable sites and the division of parcels ofland in the City of South Miami; and
13
14 WHEREAS, where a building site is in compliance with the regulations of the Land
15 Development Code, the Planning Director can approve it as a buildable site; however, where the
16 property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not
17 previously used or recognized as a buildable site, or for the transfer of ownership, then such
18 proposal must be reviewed and approved for the protection of the public health, safety and
19 welfare; and
20
21 WHEREAS, while the City'S subdivision regulations also provide for review and
22 approval of proposed building sites, through plat regulations according to Chapter 28 of the
23 Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review
24 and approval of such proposed building sites through the City's Land Development Code for
25 compliance with land development regulations; and
26
27 WHEREAS, provisions under the heading "Creation of Authorized Building Sites,"
28 which were in Section 20-4.2 (D) of the Land Development Code and supplement these
29 regulations are transferred to this section for consistency; and
30
31 WHEREAS, this proposed ordinance creating 20-5.17 will have been presented to the
32 Plarming Board before second reading of this ordinance and the board's recommendation will be
33 attached as backup for second reading; and
34
35 WHEREAS, the Mayor and City Commissioners of the City desire to amend the City's
36 Land Development Code to accomplish the above objectives.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
40
41 Section 1. Section 20-5.17, "Reserved." is hereby amended to read as follows:
42 Section 20-5.17. Reserved. Building Site Approval or Creation; Lot Split.
43 No lot(s), plot(s) or parcel(s) of land, or building siMs) (collectively referred to as "parcel of
44 land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or
1
2
3
4
5
6
7
8
9
10
11
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 for item #7
not designated by number, letter or other description in a plat of a subdivision, shall be further
divided or split, for any purpose, whether immediate or future, including for the pumose of
transfer of ownership or development, unless first referred to the Planning and Zoning Board
("Planning Board") for its recommendation, and thereafter reviewed and approved by the City
Commission, as provided in this section.
(A) Determination of lawful building site.
(1) A property owner may submit a written application to the Planning and Zoning
Department ("Planning Department") Planning Department Director ("Planning
Director") or designee to determine whether a parcel proposed for development is a
lawful building site; if the Planning Director or designee so determines, a written site
determination shall be issued to the applicant after being appoved by the City
Commission by resolution. In the event that the Planning Director or designee
determines that the parcel is not a lawful building site, or if an owner desires to make
a division or change in configuration of a parcel of land for any purpose including
transfer of ownership or to create a new building site, the property owner shall
submit an application for special exception approval, on forms provided by the
Planning Director for this purpose, for referral to the Planning Board for their review
and recommendation, and for review and approval by the City Commission in
accordance with the procedures set forth in the Land Development Code, currently in
Sections 20-5.4, 5.5 and 5 .6, and according to the criteria below. All applicants shall
provide, as part of the application process, copies of all documents that provide
restrictions, reservations and/or covenants applicable to the parcel of land being
considered, and an opinion of title issued by a member of the Florida Bar which
concludes that, as of a date not more than 120 days before the City Commission's
decision upon the application, and from the date of the root of title as defined by the
Marketable Record Title to Real Properties Act, nothing in the chain of title prevents
or serves as an exception to the division or change in the land 's configuration as
requested.
(8) Requirements for creation of a lawful building site.
New building sites shall only be created through the special exception process, and after
referral to the Planning Board, for its review and recommendation, and after an
advertised public hearing held by and after the approval of the City Commission of the
special exception. The Planning Director shall provide a written review and
recommendation on each application, prior to referral to the Planning Board and City
Commission for their review and action thereon. The following criteria Iguidelines?!
shall be applied to proposals to create, one or more lot(s) or lawful building sites from an
existing platted or unplatted parcel of land in the City, whether for transfer of ownership,
lot split, annexation, or subdivision through plat, replat, or waiver of plat or otherwise:
(1) Proposed building sites or lots is equal to or larger than the majority [median?! of the
existing building sites or parcels of land, 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 area). Surrounding area is defined as all parcels
of land within the same zoning district within 500 feet of the exterior boundaries of
the subject property, including those that are diagonal to the property and separated
2
Additional Back-up for item #7
I by a roadway, excluding SW 67 th Avenue, SW 56 th Street, and SW nod Street, and
2 which shall include all of the applicant 's proposed building sites, to be created.
3 (2) The lot frontage of the proposed building site(s), lots or parcels ofland, is not be less
4 than the average [majority or median?] of the lot frontage of lots within the same
5 zoning district and which are within 500 feet of the exterior boundaries of the subject
6 property, including those that are diagonal to the property and separated by a
7 roadway, excluding SW 67 th Avenue, SW 56 th Street, and SW nod Street, and which
8 shall include all of the applicant's proposed building sites, to be created .
9 (3) The proposed building site(s), lot(s) or parcels of land does not result in existing
10 structures [on the subject property?[ becoming nonconforming as they relate to
II setbacks and other applicable regulations of the City'S Land Development Code.
12 (4) The proposed building site(s), lot(s) or parcels ofland, is free of encroachments from
13 abutting building sites [on the subject property?].
14 (5) Exceptional or unusual circumstances exist, that are site specific such as unusual site
15 configuration or partially platted lots, or are code specific such as properties having
16 two (2) or more zoning and/or land use designations, mUltiple facings or through-
17 block sites, which would warrant the separation or establishment of a building site(s),
18 lot(s) or parcel ofland.
19 (6) No restrictive covenants, encroachments, easements, or the like exist that would
20 prevent the separation of the building site(s).lot(s) or parcel(s) ofland.
21 (7) The proposed building site(s), lot(s) or parcels of land, maintains and preserves open
22 space as required by the applicable zoning district, or promotes neighborhood
23 compatibility, or preserves historic character, and enhances visual attractiveness of
24 the area .
25 (8) The building site(s), lot(s) or parcel(s) of land that would be created are divided in
26 such a manner that they are in compliance with the regulations of the City'S Land
27 Development Code.
28 (9) The scale of any proposed new construction is compatible with the as-built character
29 of the surrounding area, and does not create adverse impacts on the surrounding area;
30 but if so, provide satisfactory commitments as to how the adverse impacts will be
31 mitigated. To determine whether this criterion is satisfied, the applicant shall submit
32 a conceptual site plan, and massing and scale studies, reflecting structures and uses
33 that would be permitted under the Land Development Code as a result of the
34 proposed splitting of the parcel of land, even if the applicant presently has no specific
35 plans for construction, showing compatibility with surrounding properties and
36 immediate neighborhood. If the application is approved, [the property shall be
37 developed in substantial conformity with the conceptual site plan, and?) the
38 conceptual site plan shall not, in the opinion of the Planning Director, [materially?]
39 change without a re-approval pursuant to this section. [Minor modifications may
40 be approved by the Planning Director. Material modifications to the site plan
41 may be approved by the City Commission pursuant to application filed by the
42 property owner with the Planning Department. ?]
43
44 In granting a division of land /lot split, based upon the application's satisfaction of and
45 consistency with the criteria above, the Planning Department and Planning Board may
46 recommend, and the City Commission may prescribe appropriate conditions and safeguards
47 restricting the overall size, orientation and location of new structures to be built on the resulting
3
Additional Back-up for item #7
I lots, and preservation of existing single family homes that qualify for designation under the
2 criteria for historic preservation in the Land Development Code.
3
4 (C) Creation of Authorized Building Sites.
5 (I) No building permit for the construction of any structure within the city shall be issued until
6 an authorized building site has been created which meets at least one (I) of the following criteria:
7 (a) Is part of a recorded subdivision plat;
8 (b) Is part of an officially approved planned unit development which:
9 i. Provides for all utility and drainage easements, alleys, streets and other public
10 improvements necessarY to meet the normal requirements for platting, and
II ii. Includes the designation of building areas and easements, alleys and streets
12 required and properly dedicated, and necessary public improvements; or
13 (c) Fronts upon a dedicated public street and was separately owned prior to the effective
14 date of this Code or annexation to the city;
15 (2) Wherever there exists a single-family dwelling unit, which was constructed on a building site
16 containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code
17 shall apply.
18 (3) Established building sites shall not be reduced in any manner to a size which is less than that
19 required for the zoning district in which located.
20
21 Section 2, Codification. The provisions of this ordinance shall become and be made
22 part of the Land Development Code of the City of South Miami as amended; that the sections of
23 this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
24 "ordinance" may be changed to "section" or other appropriate word.
25
26 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
27 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
28 shall not affect the validity of the remaining portions of this ordinance.
29
30 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
31 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
32
33 Section 5. Effective Date. This ordinance shall become effective upon enactment.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND ENACTED this __ day of ,2016.
ATTEST: APPROVED:
CITY CLERK MAYOR
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
4
1
2
3
4
5
6
7
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
5
Additional Back-up for item #7
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: