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11/1 1 ORDINANCE NO. ___ _ 2 3 An Ordinance of the City of South Miami establishing a moratorium on the 4 subdivision of parcels of land pending the adoption of an amendment to the City's 5 Land Development Code, Section 20-4.2, governing subdivision of land, and 6 enactment of Section 20-5.17, governing buildable sites. 7 8 WHEREAS, the City Commission has expressed concerns as to the manner and 9 procedure through which property in the City of South Miami is being subdivided; and 10 11 WHEREAS, the City Commission has been in the process of amending 20-4.2 for over a 12 year; and 13 14 WHEREAS, on March 15, 2016, the City Commission passed, on first reading 15 amendments to Sections 20-5.17 and 20-4.2, of the City's Land Development Code; and 16 17 WHEREAS, on April 12, 2016, the Planning Board reviewed the proposed ordinances 18 and recommended that the lot split ordinance be adopted with amendments, and the other 19 ordinance not be enacted; and 20 21 WHEREAS, it is anticipated that the City Commission will address the ordinance on 22 second reading on May 3'd, 2016 and it is anticipated that the ordinances may need a third 23 reading; and 24 25 WHEREAS, the Mayor and Commission desire to maintain the status quo until the 26 ordinances can be approved or rejected by the City Commission. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 29 OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 32 Section 1. The City hereby enacts a temporary moratorium on the acceptance of any 33 applications for the subdivision of land in the City. The moratorium shall expire on 34 or the date that the City Commission enacts or rejects an amendment to section 20- 35 4.2 of the Land Development Code. 36 37 Section 2. Determination of Vested Rights or Denial of All Economic Use. 38 39 (A) Nothing in this Ordinance shall be construed or applied to abrogate the 40 vested right of a property owner to complete subdivision of a parcel where the property 41 owner can demonstrate by substantial competent evidence each of the following: 42 43 1. A governmental action occurred prior to the effective date of this 44 Resolution upon which the property owner has detrimentally relied, in good faith, 45 by making substantial expenditures; and 46 2. It would be highly inequitable to deny the property owner the right to 47 complete the subdivision of the owner's land. 48 49 (B) Any property owner claiming vested rights or denial of all use under this 50 Resolution must file an application with the City Commission for a determination within 51 90 days after the effective date of this Resolution. The time limit for filing an application Page 1 of2 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 shall be jurisdictional. The application shall contain a sworn statement as to the basis upon which the vested rights or denial of all use are asserted, together with documentation required by the City and any other documentary desires to support the claim. Each document submitted shall have, attached to it or be accompanied by, a sworn . statement attesting, under penalty of perjury, to the truth of the facts contained in the document and attesting that the document, if a copy, is a true and accurate duplicate of the original. The City Commission shall hold a public hearing on the application and, based upon the competent substantial evidence presented at the hearing, shall make a determination as to whether the property owner has established a vested right. Section 3. Judicial Review. Iudicial review of final decisions by the City Commission under Section I above shall be by filing an action in Circuit Court and under Section 2 of this Ordinance shall be by the filing of a Petition for Writ of Certiorari in the Circuit Court of the Eleventh Iudicial Circuit in and for Miami-Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial decisions of municipalities. Section 4. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court, unless he or she has first exhausted the applicable administrative remedies provided in Sections 2 of this Ordinance. Section 5. Severability. If any section clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption. PASSED AND ENACTED this __ day of _____ 2016. ATTEST: CITY CLERK I" Reading 2nd Reading READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris Commissioner Liebman: Commissioner Edmond: