12I ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 20-5.17, "Reserved," of the City of South
4 Miami's Land Development Code to create a new section entitled "building
5 site approval or creation; lot split," to establish procedures for identifying
6 lawful building sites, and for subdividing land into buildable sites or for
7 transfer of ownership.
8
9 WHEREAS, the City's Land Development Code provides for the process of reviewing
10 and approving buildable sites and the division of parcels of land in the City of South Miami ; and
II
12 WHEREAS, where a building site is in compliance with the regulations of the Land
13 Development Code, the Planning Director can approve it as a buildable site; however, where the
14 property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not
15 previously used or recognized as a buildable site, or for the transfer of ownersllip , then such
16 proposal must be reviewed and approved for the protection of the public health , safety and
17 welfare; and
18
19 WHEREAS, while the City'S subdivision regulations also provide for review and
20 approval of proposed building sites, through plat regulations according to Chapter 28 of the
21 Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review
22 and approval of such proposed building sites through the City'S Land Development Code for
23 compliance with land development regulations; and
24
25 WHEREAS, provisions under the heading "Creation of Authorized Building Sites,"
26 which were in Section 20-4.2 (D) of the Land Development Code and supplement these
27 regu lations are transferred to this section for consistency; and
28
29 WHEREAS, this proposed amendment to section 20-5.17 will have been presented to the
30 Planning Board before second reading of this ordinance and the board 's recommendation will be
31 attached as backup for second reading ; and
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33 WHEREAS, the Mayor and City Commissioners of the City desire to amend the City 'S
34 Land Development Code to accomplish the above objectives.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. Section 20-5.17 , "Reserved." is hereby amended to read as follows:
40 Section 20-5.17. Resef\'es. Building Site Approval or Creation; Lot Split.
41 No 10Ust plot(s) or parcel(s) of land, or building site(s) (collectively referred to as "parcel of
42 land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or
43 not designated by number, letter or other description in a plat of a subdivision, shall be further
44 divided or split, for any purpose, whether immediate or future, including for the purpose of
I transfer of ownership or development, unless first referred to the Planning and Zoning Board
2 ("Planning Board") for its recommendation, and thereafter reviewed and approved by the City
3 Commission, as provided in this section.
4
5 (A) Determination oflawful building site.
6 (I) A property owner may submit a written application to the Plarming and Zoning
7 Department ("Planning Department") Planning Department Director ("Plarming
8 Director") or designee to determine whether a parcel proposed for development is a
9 lawful building site; if the PI arming Director or designee so determines , a written site
1 0 determination shall be issued to the applicant after being approved by the City
11 Commission by resolution. In the event that the Plarming Director or designee
12 determines that the parcel is not a lawful building site, or if an owner desires to make
13 a division or change in configuration of a parcel of land for any purpose including
14 transfer of ownership or to create a new building site , the property owner shall
15 submit an application for special exception approval, on forms provided by the
16 Plarming Director for this purpose , for referral to the Planning Board for their review
17 and recommendation, and for review and approval by the City Commission in
18 accordance with the procedures set forth in the Land Development Code, currently in
19 Sections 20-5.4, 5.5 and 5.6, and according to the criteria below. All applicants shall
20 provide, as part of the application process, copies of all documents that provide
21 restrictions, reservations and/or covenants applicable to the parcel of land being
22 considered, and an opinion of title issued by a member of the Florida Bar which
23 concludes that, as of a date not more than 120 days before the City Commission's
24 decision upon the application, and from the date of the root of title as defined by the
25 Marketable Record Title to Real Properties Act, nothing in the chain of title prevents
26 or serves as an exception to the division or change in the land's configuration as
27 requested.
28
29 (B) Requirements for creation of a lawful building site.
30 New building sites shall only be created through the special exception process, and after
31 referral to the Planning Board, for its review and recommendation, and after an
32 advertised public hearing held by and after the approval of the City Commission of the
33 special exception. The Planning Director shall provide a written review and
34 recommendation on each application, prior to referral to the Plarming Board and City
35 Commission for their review and action thereon. The following guidelines shall be
36 applied to proposals to create, one or more lot(s) or lawful building sites from an existing
37 platted or unplatted parcel ofland in the City, whether for transfer of ownership, lot split,
38 armexation, or subdivision through plat, replat, or waiver of plat or otherwise:
39 (]) Proposed building sites or lots are is equal to or larger than the majority of the existing
40 building sites or parcels of land, and of the same character, as the surrounding area
41 (this shall be demonstrated using copies of the official plat maps for the subject
42 property and surrounding area), unless otherwise permitted by this ordinance.
43 Surrounding area is defined as all parcels of land within the same zoning district
44 within 500 feet of the exterior boundaries of the subject property, including those that
45 are diagonal to the property and separated by a roadway , excluding SW 67 th Avenue,
46 SW 56 th Street, and SW nnd Street, and which shall include all of the applicant 's
47 proposed building sites, to be created.
2
I (2) The lot frontage of the proposed building site(s), lots or parcels of land, is not less
2 than the median of the lot frontage of lots within the same z oning 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 S W 67 th
5 Avenue, SW 56 th Street. and SW nnd Street, and which s hall 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 ofland, is fre e of encroachments from
II abutting building sites.
12 (5) No restrictive covenants , encroachments, easements, or the like exist that would
13 prevent the separation of the building site(s), lot(s) or parcel(s) of land.
14 (6) rr he building site(s), lot(s) or parcel(s) of land that would be created are divided in
15 s uch a manner that they are in compliance with the regulation s of the City's Land
16 Development Code, ex ce pt that the City Commi ss ion may appro ve building s it es that
17 conform to tho se that actually exi s t on the same block face as the subject prope rty, if
18 expressly permitted as part of the waiver-of-plat. tentative or final plat.
19 (7) T he scale of any proposed new construction is compatible with the as-built character
20 of the surrounding area, and does not create adverse impacts on the surrounding area;
21 but if so, provide satisfactory commitments as to how the adverse impacts will be
22 mitigated. -Provide a s ite plan sho wing the footprint s o f the propo sed new
23 con struction in r e la tion to setback s , ya rd re quire ments and easements , on the
24 prop osed s ubdivided lo ts.
25 In granting a division of land/lot split, based upon the avvlication's satisfaction of and
26 consistency with the criteria above, the Planning Department and Planning Board may
27 recommend, and the City Commission may prescribe appropriate conditions and safeguards
28 restricting th e square footage, orientation and location of new structures to be built on the
29 resulting lots, and for existing single family homes that qualify for designation under the criteria
30 for historic preservation in the Land Development Code, a referral to the Historic Preservation
3 I Board for consideration.
32
33 (C) Creation of Authorized Building Sites.
34 (I) No building permit for the construction of any structure within the city shall be issued until
35 an authorized building site has been created which meets at least one (I) of the following criteria:
36 (a) Is part of a recorded subdivision plat or ha s received waiver-of-plat approval;
37 (b) Is part of an officially approved planned unit development which:
38 i. Provides for all utility and drainage easements, alleys, streets and other public
39 improvements necessary to meet the normal requirements for platting, and
40 ii. Includes the designation of building areas and easements, alleys and streets
41 required and properly dedicated, and necessary public improvements; or
42 (c) Fronts upon a dedicated public street and was separately owned prior to the effective
43 date of this Code or annexation to the city;
44 (2) Wherever there exists a single-family dwelling unit, which was constructed on a building site
45 containing two (2) or more platted lot s , the nonconforming lot of record provisions in thi s Code
46 shall apply.
3
I (3) Established building sites shall not be reduced in any manner to a size which is less than that
2 required for the zoning district in which located, or actually existing on the same block face as
3 the subject property, if expressly permitted by the City Commission as part of the waiver-of-plat.
4 tentative or final plat.
5
6 Section 2. Codification. The provisions of this ordinance shall become and be made
7 part of the Land Development Code of the City of South Miami as amended; that the sections of
8 this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
9 "ordinance" may be changed to "section" or other appropriate word.
10
II Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
12 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
13 shall not affect the validity of the remaining portions of this ordinance.
14
15 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
16 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed .
17
18 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
I sl Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
I
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'WITH WORKSHOP EDITS'
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.
9 WHEREAS, the City's Land Development Code provides for the process of reviewing
10 and approving buildable sites and the division of parcels ofland in the City of South Miami; and
II
12 WHEREAS, where a building site is in compliance with the regulations of the Land
13 Development Code, the Planning Director can approve it as a buildable site; however, where the
14 property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not
15 previously used or recognized as a buildable site, or for the transfer of ownership, then such ·
16 proposal must be reviewed and approved for the protection of the public health, safety and
17 welfare; and
18
19 WHEREAS, while the City'S subdivision regulations also provide for review and
20 approval of proposed building sites, through plat regulations according to Chapter 28 of the
21 Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review
22 and approval of such proposed building sites through the City'S Land Development Code for
23 compliance with land development regulations; and
24
25 WHEREAS, provisions under the heading "Creation of Authorized Building Sites,"
26 which were in Section 20-4.2 (D) of the Land Development Code and supplement these
27 regulations are transferred to this section for consistency; and
28
29 WHEREAS, the Mayor and City Commissioners of the City desire to amend the City's
30 Land Development Code to accomplish the above objectives.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
34
35 Section 1. Section 20-5.17, "Reserved." is hereby amended to read as follows:
36 Section 20-5.17. Resen'ee. Building Site Approval or Creation; Lot Split.
37 No lot(s), plotCs) or parcel(s) of land, or building site(s) (collectively referred to as "parcel of
38 land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or
39 not designated by number, letter or other description in a plat of a subdivision, shall be further
40 divided or split, for any purpose, whether immediate or future, including for the purpose of
41 transfer of ownership or development, unless first referred to the Planning and Zoning Board
42 ("Planning Board") for its recommendation, and thereafter reviewed and approved by the City
'WITH WORKSHOP EDITS'
1 Commission, as provided in this section.
2
3 (A) Determination oflawful building site.
4 (1) A property owner may submit a written application to the Planning and Zoning
5 Department ("Planning Department") Planning Department Director ("Planning
6 Director") or designee to determine whether a parcel proposed for development is a
7 lawful building site; if the Planning Director or designee so determines, a written site
8 determination shall be issued to the applicant after being approved by the City
9 Commission by resolution. In the event that the Planning Director or designee
10 determines that the parcel is not a lawful building site, or if an owner desires to make
II a division or change in configuration of a parcel of land for any purpose including
12 transfer of ownership or to create a new building site, the property owner shall
13 submit an application for special exception approval, on forms provided by the
14 Planning Director for this purpose, for referral to the Planning Board for their review
15 and recommendation, and for review and approval by the City Commission in
16 accordance with the procedures set forth in the Land Development Code, currently in
17 Sections 20-5.4, 5.5 and 5.6, and according to the criteria below. All applicants shall
18 provide, as part of the application process, copies of all documents that provide
19 restrictions, reservations and/or covenants applicable to the parcel of land being
20 considered, and an opinion of title issued by a member of the Florida Bar which
21 concludes that. as of a date not more than 120 days before the City Commission 's
22 decision upon the application, and from the date of the root of title as defined by the
23 Marketable Record Title to Real Properties Act, nothing in the chain of title prevents
24 or serves as an exception to the division or change in the land's configuration as
25 requested.
26
27 (8) Requirements for creation of a lawful building site.
28 New building sites shall only be created through the special exception process, and after
29 referral to the Planning Board, for its review and recommendation, and after an
30 advertised public hearing held by and after the approval of the City Commission of the
31 special exception. The Planning Director shall provide a written review and
32 recommendation on each application, prior to referral to the Planning Board and City
33 Commission for their review and action thereon. The following guidelines shall be
34 applied to proposals to create, one or more lot(s) or lawful building sites from an existing
35 platted or unplatted parcel ofland in the City, whether for transfer of ownership, lot split,
36 annexation, or subdivision through plat, replat, or waiver of plat or otherwise:
37 (]) Proposed building sites or lots are ¥.; equal to or larger than the majority of the existing
38 building sites or parcels of land, and of the same character, as the surrounding area
39 (this shall be demonstrated using copies of the official plat maps for the subject
40 property and surrounding area), unl ess otherwi se permitted by this ordinance.
41 Surrounding area is defined as all parcels of land within the same zoning district
42 within 500 feet of the exterior boundaries of the subject property, including those that
43 are diagonal to the property and separated by a roadway, excluding SW 67 th Avenue ,
44 SW 56th Street, and SW nnd Street, and which shall include all of the applicant 's
45 proposed building sites, to be created .
2
'WITH WORKSHOP EDITS'
I (2) The lot frontage of the proposed building siteCs), lots or parcels of land , is not less
2 than the median 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 th
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 siteCs), 10tCs) 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 of land, is free of encroachments from
II abutting building sites.
12 (5) No restrictive covenants, encroachments, easements, or the like exist that would
13 prevent the separation of the building site(s), lot(s) or parcelCs) ofland.
14 (6) he building siteCs), 10tCs) or parcelCs) of land that would be created are divided in
15 such a manner that they are in compliance with the regulations of the City's Land
16 Development Code , except that the City Commission may approve building s it es that
17 conform to tho se that actua ll y exist on the same blo ck face as the subj ec t property, if
18 ex press ly permitted as part of the waiver-of-plat, tentative or final plat.
19 (7) The scale of any proposed new construction is compatible with the as-built character
20 of the surrounding area, and does not create adverse impacts on the surrounding area;
21 but if so, provide satisfactory commitments as to how the adverse impacts will be
22 mitigated. -Provide a site plan showing the footprints of the proposed new
23 construct ion in relation to setbacks, yard requirements and easements, on the
24 proposed subd iv ided lots.
25 In granting a division of land/lot split. based upon the application's satisfaction of and
26 consistency with the criteria above, the Planning Department and Planning Board may
27 recommend, and the City Commission may prescribe appropriate conditions and safeguards
28 restricting the square footage, orientation and location of new structures to be built on the
29 resulting lots, and for existing single family homes that qualify for designation under the criteria
30 for historic preservation in the Land Development Code, a referra l to the His toric Preservati on
31 Board for consideratio n.
32
33 (C) Creation of Authorized Building Sites.
34 (I) No building permit for the construction of any structure within the city shall be issued until
35 an authorized building site has been created which meets at least one (I) of the following criteria:
36 Ca) Is part of a recorded subdivision plat o r has received waiver-of-plat approva l;
37 (b) Is part of an officially approved planned unit development which:
38 i. Provides for all utility and drainage easements, alleys, streets and other public
39 improvements necessary to meet the normal requirements for platting, and
40 ii. Includes the designation of building areas and easements, alleys and streets
41 required and properly dedicated , and necessary public improvements; or
42 Cc) Fronts upon a dedicated public street and was separately owned prior to the effective
43 date of this Code or annexation to the city;
44 (2) Wherever there exists a single-family dwelling unit, which was constructed on a building site
45 containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code
46 shall apply.
3
'WITH WORKSHOP EDITS'
1 (3) Established building sites shall not be reduced in any manner to a size which is less than that
2 required for the zoning district in which located, or actually existing on the same block face as
3 the subject property, if expressly permitted by the City Commission as part of the waiver-of-plat,
4 tentative or final plat.
5
6 Section 2, Codification. The provisions of this ordinance shall become and be made
7 part of the Land Development Code of the City of South Miami as amended; that the sections of
8 this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
9 "ordinance" may be changed to "section" or other appropriate word.
10
11 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
12 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
13 shall not affect the validity of the remaining portions of this ordinance.
14
15 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
16 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
17
18 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
I st Reading
2 nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: