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1 ORDINANCE NO. ___ _
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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.
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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
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11 WHEREAS, the City Commission has been in the process of amending 20-4.2 for over a
12 year; and
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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
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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
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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
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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.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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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.
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37 Section 2. Determination of Vested Rights or Denial of All Economic Use.
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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:
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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.
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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
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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
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris
Commissioner Liebman:
Commissioner Edmond: