Item #7 from the 02.02.16 Commission meetingI
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ORDINANCE NO. ______ _
An Ordinance amending Section 20-5.17, "Reserved," of the City of South
Miami's Land Development Code to create a new section entitled "building
site approval or creation; lot split," to establish procedures for identifying
lawful building sites, and for subdividing land into buildable sites or for
transfer of ownership.
10 WHEREAS, the City's Land Development Code provides for the process of reviewing
II and approving buildable sites and the division of parcels ofland in the City of South Miami; and
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13 WHEREAS, where a building site is in compliance with the regulations of the Land
14 Development Code, the Planning Director can approve it as a buildable site; however, where the
15 property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not
16 previously used or recognized as a buildable site, or for the transfer of ownership , then such
17 proposal must be reviewed and approved for the protection of the public health, safety and
18 welfare; and
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20 WHEREAS, while the City 's subdivision regulations also provide for review and
21 approval of proposed building sites, through plat regulations according to Chapter 28 of the
22 Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review
23 and approval of such proposed building sites through the City's Land Development Code for
24 compliance with land development regulations; and
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26 WHEREAS, provisions under the heading "Creation of Authorized Building Sites,"
27 which were in Section 20-4.2 (D) of the Land Development Code and supplement these
28 regulations are transferred to this section for consistency; and
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30 WHEREAS, this proposed ordinance creating 20-5.17 will have been presented to the
31 Planning Board before second reading of this ordinance and the board's recommendation will be
32 attached as backup for second reading; and
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34 WHEREAS, the Mayor and City Commissioners of the City desire to amend the City's
35 Land Development Code to accomplish the above objectives.
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37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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40 Section 1. Section 20-5.17, "Reserved." is hereby amended to read as follows:
41 Section 20-5.17. Reserved. Building Site Approval or Creation; Lot Split.
42 No 101(s), plot(s) or parcel(s) of land, or building site(s) (collectively referred to as "parcel of
43 land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or
44 not designated by number, letter or other description in a plat of a subdivision, shall be further
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1 divided or split, for any purpose, whether immediate or future, including for the purpose of
2 transfer of ownership or development, unless first referred to the Planning and Zoning Board
3 ("Planning Board") for its recommendation, and thereafter reviewed and approved by the City
4 Commission, as provided in this section.
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6 (A) Determination oflawful building site.
7 (I) A property owner may submit a written application to the Planning and Zoning
8 Department ("Planning Department") Planning Department Director ("Planning
9 Director") or designee to determine whether a parcel proposed for development is a
10 lawful building site; if the Planning Director or designee so determines, a written site
11 determination shall be issued to the applicant after being appoved by the City
12 Commission by resolution. In the event that the Planning Director or designee
13 determines that the parcel is not a lawful building site, or if an owner desires to make
14 a division or change in configuration of a parcel of land for any purpose including
15 transfer of ownership or to create a new building site, the property owner shall
16 submit an application for special exception approval, on forms provided by the
17 Planning Director for this purpose, for referral to the Planning Board for their review
18 and recommendation, and for review and approval by the City Commission in
19 accordance with the procedures set forth in the Land Development Code, currently in
20 Sections 20-5.4, 5.5 and 5.6, and according to the criteria below. All applicants shall
21 provide, as part of the application process, copies of all documents that provide
22 restrictions, reservations and/or covenants applicable to the parcel of land being
23 considered, and an opinion of title issued by a member of the Florida Bar which
24 concludes that, as of a date not more than 120 days before the City Commission's
25 decision upon the application, and from the date of the root of title as defined by the
26 Marketable Record Title to Real Properties Act, nothing in the chain of title prevents
27 or serves as an exception to the division or change in the land's configuration as
28 requested.
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30 (B) Requirements for creation of a lawful building site.
31 New building sites shall only be created through the special exception process, and after
32 referral to the Planning Board, for its review and recommendation, and after an
33 advertised public hearing held by and after the approval of the City Commission of the
34 special exception. The Planning Director shall provide a written review and
35 recommendation on each application, prior to referral to the Planning Board and City
36 Commission for their review and action thereon. The following criteria shall be applied
37 to proposals to create, one or more lot(s) or lawful building sites from an existing platted
38 or unplatted parcel of land in the City, whether for transfer of ownership, lot split,
39 annexation, or subdivision through plat, replat, or waiver of plat or otherwise:
40 (1) Proposed building sites or lots is equal to or larger than the majority of the existing
41 building sites or parcels of land, and of the same character, as the surrounding area
42 (this shall be demonstrated using copies of the official plat maps for the subject
43 property and surrounding area). Surrounding area is defined as all parcels of land
44 within the same zoning district within 500 feet of the exterior boundaries of the
45 subject property, including those that are diagonal to the property and separated by a
46 roadway, excluding SW 67'h Avenue, SW 56th Street, and SW nnd Street, and which
47 shall include all ofthe applicant's proposed building sites, to be created.
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I (2) The lot frontage of the proposed building siMs), lots or parcels onand, is not be less
2 than the average of the lot frontage of lots within the same zoning district and which
3 are within 500 feet of the exterior boundaries of the subject property, including those
4 that are diagonal to the property and separated by a roadway, excluding SW 67'h
5 Avenue, SW 56 th Street, and SW nnd Street, and which shall include all of the
6 applicant's proposed building sites, to be created.
7 (3) The proposed building site(s), lot(s) or parcels of land does not result in existing
8 structures becoming nonconforming as they relate to setbacks and other applicable
9 regulations of the City's Land Development Code.
10 (4) The proposed building site(s), lot(s) or parcels onand, is free of encroachments from
II abutting building sites.
12 (5) Exceptional or unusual circumstances exist, that are site specific such as unusual site
13 configuration or partially platted lots, or are code specific such as properties having
14 two (2) or more zoning and/or land use designations, multiple facings or through-
15 block sites, which would warrant the separation or establishment ofa building site(s),
16 lot(s) or parcel ofland.
17 (6) No restrictive covenants, encroachments, easements, or the like exist that would
18 prevent the separation of the building siMs), lot(s) or parcel(s) ofland.
19 (7) The proposed building site(s), lot(s) or parcels of land, maintains and preserves open
20 space as required by the applicable zoning district, or promotes neighborhood
21 compatibility, or preserves historic character, and enhances visual attractiveness of
22 the area.
23 (8) The building siMs), lot(s) or parcel(s) of land that would be created are divided in
24 such a marmer that they are in compliance with the regulations of the City'S Land
25 Development Code.
26 (9) The scale of any proposed new construction is compatible with the as-built character
27 of the surrounding area, and does not create adverse impacts on the surrounding area:
28 but if so, provide satisfactory commitments as to how the adverse impacts will be
29 mitigated. To determine whether this criterion is satisfied. the applicant shall submit
30 a conceptual site plan, and massing and scale studies, reflecting structures and uses
31 that would be pem1itted under the Land Development Code as a result of the
32 proposed splitting orthe parcel ofland, even if(he applicant presently has no specific
33 plans for construction, showing compatibility with surrounding properties and
34 immediate neighborhood. If the application is approved, the conceptual site plan
35 shall not, in the opinion of the Plarming Director, change without are-approval
36 pursuant to this section.
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38 In granting a division of land/lot split, based upon the application's satisfaction of and
39 consistency with the criteria above, the PI arming Department and Plarming Board may
40 recommend, and the City Commission may prescribe appropriate conditions and safeguards
41 restricting the overall size, orientation and location of new structures to be built on the resulting
42 lots, and preservation of existing single family homes that qualify for designation under the
43 criteria for historic preservation in the Land Development Code.
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45 (C) Creation of Authorized Building Sites.
46 0) No building permit for the construction of any structure within the city shall be issued until
47 an authorized building site has been created which meets at least one 0) of the following criteria:
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1 (a) Is part of a recorded subdivision plat;
2 (b) Is part of an officially approved planned unit development which:
3 i. Provides for all utility and drainage easements, alleys, streets and other public
4 improvements necessary to meet the normal requirements for platting, and
5 ii. Includes the designation of building areas and easements, alleys and streets
6 required and properly dedicated, and necessary public improvements; or
7 (c) Fronts upon a dedicated public street and was separately owned prior to the effective
8 date of this Code or annexation to the city;
9 (2) Wherever there exists a single-family dwelling unit, which was constructed on a building site
10 containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code
11 shall apply.
12 (3) Established building sites shall not be reduced in any manner to a size which is less than that
13 required for the zoning district in which located.
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15 Section 2. Codification. The provisions of this ordinance shall become and be made
16 part of the Land Development Code of the City of South Miami as amended; that the sections of
17 this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
18 "ordinance" may be changed to "section" or other appropriate word.
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20 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
21 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
22 shall not affect the validity of the remaining portions of this ordinance.
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24 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
25 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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27 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
1 st Reading
2 nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
LOT SPLIT ORDINANCE -DRAFT 6-29-15
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3 ORDINANCE NO. _____ _
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5 AN ORDINANCE AMENDING SECTION 20-5.17, "RESERVED," OF
6 THE CITY OF SOUTH MIAMI'S LAND DEVELOPMENT CODE TO
7 CREATE A NEW SECTION ENTITLED "BUILDING SITE APPROVAL
8 OR CREATION; LOT SPLIT," TO ESTABLISH PROCEDURES FOR
9 IDENTIFYING LAWFUL BUILDING SITES, AND FOR SUBDIVIDING
10 LAND INTO BUILDABLE SITES OR FOR TRANSFER OF OWNERSmp.
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WHEREAS, the City's Land Development Code provides for the process of reviewing
and approving buildable sites and the division of parcels of land in the City of South Miami; and
WHEREAS, where a building site is in compliance with the regulations of the Land
Development Code, the Planning Director can approve it as a buildable site; however, where the
property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not
previously used or recognized as a buildable site, or for the transfer of ownership, then such
proposal must be reviewed and approved for the protection of the public health, safety and
welfare; .and
WHEREAS, while the City's subdivision regulations also provide for review and
approval of proposed building sites, through plat regulations according to Chapter 28 of the
Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review
and approval of such proposed building sites through the City's Land Development Code for
compliance with land development regulations; and
WHEREAS, provisions under the heading "Creation of Authorized Building Sites,"
which were in Section 20-4.2 (D) of the Land Development Code and supplement these
regulations are transferred to this section for consistency; and
WHEREAS, the Mayor and City Commissioners of the City desire to amend the City's
Land Development Code to accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-5.17, "Reserved." is hereby amended to read as follows:
Section 20-5.17. Rilservea. Building Site Approval or Creation: Lot Split.
No lot(s), plot(s) or parcel(s) of land, or building site(s) (collectively referred to as "parcel of
land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or
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 purpose of
transfer of ownership or development, unless first referred to the Planning and Zoning Board
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("Planning Board") for its recommendation, and thereafter reviewed and approved by the Cit y
Commission, as provided in this section.
(A) Determination oflawful building site.
(l) 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 approved 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 129 says six 'months before the City
Commission's decision upon the application, and from the date of the root oftitle as
dermed 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.
(B) 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 shall be applied
[Comment : How is going to be appli ed? Doe s thi s me an that eve ry sit e mu st meet eve r y
on e of th ese criterion in ord e r to be appro ved ?] 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, er-waiver of plat , or otherwise :
(I) Proposed building sites or lots is equal to or larger than the majority 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 dermed 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 by a
roadway, excluding SW 6ih Avenue, SW 56th Street. and SW nnd Street, and which
shall include all of the applicant 's proposed building sites , to be created.
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(2) The lot frontage of the proposed building site(s), lots or parcels ofland, is not be less
than the a \'erage m a jori ty of the lot frontage of lots within the same zoning district
and which are within 500 feet of the exterior boundaries of the subject property,
including those that are diagonal to the property and separated by a roadway,
excluding SW 6ih Avenue, SW 56th Street, and SW nnd Street. and which shall
include all of the applicant's proposed building sites, to be created.
(3) The proposed building siMs), lot(s) or parcels of land does not result in existing
structures o n th e prop ert y co ns id e re d for s ubdi v isio n becoming nonconforming as
they relate to setbacks and other applicable regulations of the City's Land
Development Code,
(4) The proposed building siMs), lot(s) or parcels of land, is free of encroachments from
abutting [Co mm e nt : Does thi s refer to buildin g s it es on th e subj ec t pro perty o r s ites
be long in g to neighb o rs?] building sites,
(5) Exceptional or unusual circumstances exist, that are site specific such as unusual site
configuration or partially platted lots, or are code specific such as properties having
two (2) or more zoning and/or land use designations, multiple facings or through-
block sites, which would warrant the separation or establishment of a building site(s),
lot(s) or parcel ofland.
(6) No restrictive covenants, encroachments, easements, or the like exist that would
prevent the separation of the building site(s), lot(s) or parcel(s) of land.
(7) The proposed building site(s), lot(s) or parcels of land, maintains and preserves open
space as required by the applicable zoning district, or promotes neighborhood
compatibilitv, or preserves historic character, and enhances visual attractiveness of
the area, [Co mm e nt : Who d ec id es what is attrac tive , co mpatibl e, or hi storic? Will it
be th e Pl a nnin g Bo ard ? Does thi s indi ca te th at th e s it es wo uld be a ll owed to N OT
o ll ow th e open-s pace re quirem en ts of the zo ning di s tri ct if th ey "e nhan ce v is u al
att rac ti ve ness of th e a rea" a nd un der wha t c ir cum s ta nces co uld a s it e do that ?L
(8) The building site(s), lot(s) or parcel(s) of land that would be created are divided in
such a manner that they are in compliance with the regulations of the City's Land
Development Code, .
(9) The scale of any proposed new construction is compatible with the as-built character
[Co mm ent: Does thi s mea n th at an owner seeki n g to se ll off a side lo t h as to propose
construc tion before h e can se ll th e s id e lot. Is th a t a decis ion th at s ho ul d be made by
th e buye r an d not t he se ll e r?]. of the surrounding area, and does not ereat e aeYerse
imaaets ha rm to etl the surrounding area ; e ut if S9 or provides satisfactory
commitments as to how t.fle.-adverse imaae tseffects will be mitigated. To determine
whether this criterion is satisfied, the applicant shall submit a conceptual site plan,
and massing and scale studies, reflecting structures and uses that would be permitted
under the Land Development Code as a result of the proposed splitting of the parcel
of land, even if the applicant presently has no specific plans for construction,
showing compatibilitv with surrounding properties and immediate neighborhood . If
the application is approved, the conceptual site plan shall not, in the opinion of the
Planning Director, change without a re-approval pursuant to this section. [Co mm e nt :
Does thi s req ui re th a t a dec is ion is locked in befo re th e buil d in g pa rty has h ire d a n
a rchit ec t to desi gn th e st ru c ture?]
In granting a division ofland/lot split, based upon the application's satisfaction of and
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I consistency with the criteria above, the Planning Department and Planning Board may
2 recommend, and the City Commission may prescribe appropriate conditions and safeguards
3 restricting the overall size, orientation and location of new structures to be built on the resulting
4 lots, [Co mm e nt: Sho uldn 't th ese d ec isions be made by an a rchit ec t an d how is th e Co mm iss ion
5 go in g to kn ow if th ey co mpl y with cod e for th e zo nin g di stri ct?]
6 and preservation of existing single family homes that qualify for designation under the criteria
7 for historic preservation in the Land Development Code.
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9 (C) Creation of Authorized Building Sites.
10 (l) No building permit for the construction of any structure within the city shall be issued until
11 an authorized building site has been created which meets at least one (I) of the following criteria :
12 (a) Is part of a recorded subdivision plat;
13 (b) Is part of an officially approved planned unit development which:
14 i. Provides for all utility and drainage easements, alleys, streets, and other public
15 improvements necessary to meet the normal requirements for platting, and
16 ii. Includes the designation of building areas and easements , alleys, and streets
17 required and properly dedicated, and necessary public improvements; or
18 (c) Fronts upon a dedicated public street and was separately owned prior to the effective
19 date of this Code or annexation to the city;
20 (2) Wherever there exists a single-family dwelling unit. which was constructed on a building site
21 containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code
22 shall apply.
23 (3) Established building sites shall not be reduced in any manner to a size which is less than that )
24 required for the zoning district in which located [Co mm e nt : Wh at if th e site is surr ound ed by
25 sma ll , no n-co nfo rmin g lots? T he spec ia l exce pti on process shoul d acco mm o date thi s
26 poss ibility?]
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28 Section 2. Codification. The provisions of this ordinance shall become and be made
29 part of the Land Development Code of the City of South Miami as amended; that the sections of
30 this ordinance may be renumbered or re-Iettered to accomplish such intention ; and that the word
31 "ordinance" may be changed to "section" or other appropriate word .
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33 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinanc e is
34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
35 shall not affect the validity of the remaining portions of this ordinance.
36
37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
38 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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40 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of ,2016 .
ATTEST: APPROVED :
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CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
5
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: