13/3
1 OlIDINAN CE N O. ______ _
2
3 An Ordinance amending Section 20-4.2 of tbe City of South Miami's Land
4 Development Code to add criteria for the C ity's approval of the subdivision of land ,
5 including subdivision by a waiver of plat or through tbe process set forth in C hapter
6 28 of the Miami-Dade County Cod e .
7
8 WHERE AS , Sect ion 20-4.2 of the C ity's Land Deve lop me nt Code prov id es for th e process of
9 s ubdividing parcel s of land in th e C ity of So uth Miami ; a nd
10
11 WHEREAS, Section 20 -4.2 d e fers to the Miami-Dade County plattin g process of C hapter 28 of
12 the Miami -Da de County Code of Ord in ances; and
13
14 WHEREAS, M iami -Dade Co u nty plattin g o rdi n ance require s that a tent a ti ve plat mu st be
I S approved by the C ity of South Miami before it can obtain final County plat approva l; a nd
16
17 WHEREAS, Secti o n 20-4.2 does no t provide a n y c riteria for the approval of a plat th a t has been
18 tentatively approved by th e M ia mi -Dade Co unty platting divi s io n ; and
19
20 WHEREAS, thi s proposed ame ndment to sec ti o n 20-4.2 w il1 h ave bee n presen ted to the
2 1 P la nni ng Board before second reading of this ord in ance and the board 's recommendation w il1 be att ac h ed
22 as backup fo r second reading; a nd
23
24 WHEREAS, the Mayor a nd C ity Commi ss ioners of th e C ity of So uth M iam i des ir e to enact
25 crit er ia l for th e a pprova l of a pl at that has bcen tentatively ap prove d by the M iami -Dade Co unty platting
26 divi s io n .
2 7
28 NO W, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMI SSION
29 OF THE C ITY OF S O UTH MIAMI, FLORIDA:
30
3 1 Section 1. Section 20-4.2 , "Land s ubdivi s ion regulation s," is hereby a mended to read as fol1ow s:
32 20-4.2 Land s ubdivision regulations.
33
34 (A) Applicable Reg ulations. T h e subdivi s io n of al1 land within t he c ity s hal1 be s ubject t o
35 C hapter 28 of th e Miami-Dade County Code of Ordin anc es an d administered by th e Miami-Dade
36 County Departme nt of Pub li c Works, However wa ivers of lat te nt ative lats and final plats
37 mu st a lso be appr oved by the City Co mmi ss io n and meet the re uirements of Subsections Band
38 (8) (I), (2), (3 ), and (4) of thi s Secti on as se t forth below,
39 (B) Platted Lot Compliance. Every building or st ru ctur e hereafter erected, moved o r
40 structural1y altered w ithin th e c ity s ha l1 be located on a platted lot , except that the l:;:e ity
41 l:;:eo mmi ss ion may waive platted lot complia nce in accordan ce wit h sec ti on 28-4 of th e County
42 Code a nd the procedures se t forth be low. No lot(s), pIoUs) or parcel(s) of land, o r bui ldin g s ite(s)
4 3 (col1ectively referred to as "parcel of land " o r "parcel" for the purpo se of thi s secti on ) wheth e r
44 im p roved or unimproved, w h e th er o r not des ignated by numbe r , letter or other desc ription in a
45 p lat of a s ubdivision, or un p latted, s ha l1 be further divided or split , for any pu r pose, w h ethe r
46 immediate or future, including fo r th e P!!mose of tran s fer of ownersh ip or develoRment, unl ess
47 fir s t referred t o the Plannin g and Zo nin g Board ("Planning Board") for it s recommendation, a nd
48 th ereafter reviewed and approved by the City Commi ssion , a s provided in thi s secti on,
49
)50
5 1 (I) Waiver of PIal A wai,'er of "Ial ",ay be approved by lAe C il), COItIiHissi oH" Review and
52 No ti ce.
Pa ge 1 of4
~ \.
" ..
I
2
3
4
5
6
7
8
9
10
II
12
13
14
IS
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
47
48
49
50
5 1
52
53
54
,
(a) Review. A property owner s hall s ubmit an ap.nlication for a waiver of plat, tentative
or final p lat , on forms provided by the P lanning Director for thi s purpose, for referra l to
the P lanning Board for their review and recommendation, and for review and approval
by the C ity Comm iss ion in accordance with the requirements and procedures set forth in
the Land Development Code. A ll app li cants shall provide, as part of the application
process, copies of a ll documents that provide restrictions, reservations and/or covenants
app li cable to the Rarcel 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 C ity Co mmi ss ion's decision on the app li ca tion , and from the root of title as
defi ned by the Marketab le Reco rd Tit le to Rea l ProRerti es Act, nothing in the chain of
title prevents or se rve s as an exception to the divi s ion or change in t h e land's
configu ration as requested . Prior to C it)' Comm issielHlflprova l, the-apptieation sha ll be
reviewed by the PlanningBoar4 T he s H~ect property sha ll be posted ten (10) days
prior t o the Planffing---Board review of the application, an d mailed notiee shall be
pfOvided to all property O'Nners within a five-fHJHsred (50~t-r.,,~r the sH~eet
property._
(b) Notice. At lea st ten (10) days prior to th e C ity 's P lann in g Board review of the
!!pp li cation for waiver of plat , tentative or final plat, the subjectJllimerty shall be posted
by the Planning Department, w ith a notice of the date , time and place of the Planning
Board meeting, on th e subject propelty front in g a ll roadways that abut the property, and
published . In add iti on, 10 days pri or to the meeting of the City Commi ss ion to consider
either a waiver of plat, or tentative or fina l p lat approved in accordance wit h C hapter 28
and thi s section , notice of the date, time and p lace of the C ity Co mmi ss ion meeting shall
be po sted (in the same manner as required above for a Planning Board review),
Rublished, and provided by U.S . Mai l to a ll proRerty owners w ithin five hundred (500)
feet of th e perimeter of the s ubject propelty.
(2) C ity Com mi ss ion Findings . Prior to approv in g a wa iver of p lat waiver of plat , tentative
or final p lat, the l:eity l:eo mmi ss ion s hall use the following guidelines:
(a) The building s it e created by the prop osed waiver of plat waiver of plat , tentative or final
plat, w ill be equa l to or lar ger than the majority median of the exist in g building s ites a nd of the
sa me character as the s~urrou ndin g area (t hi s shall be demonstrated u sin g copies of t he official
plat maps for the s ubject property and s urrounding neighborhood), unless otherwise permitted by
this ordinance. Surrounding area is defined as a ll lots within the same zo ning di strict and with in
five hundred (500) feet from the exterior boundaries of the subject property, inclu ding those that
are diagonal to the property and separated by a roadway, excluding SW 67th Avenue, SW 56'h
Street, and SW 72"d Street, and which s hall include all of the app li cant's proposed building s ite s,
to be created. In addition, th e lot frontage and net lot area of the building s it e(s ) created shall be
not less than th e median of the lot frontage and net lot area of lots w ithin the Surrounding area,
defined above. No building s ite s hall be dimini s hed such that the street frontage and ne t lot area
of the parcel is less than prescribed by th e C ity's land development regu lations, or that a lready
ex ists on the same block face as the subject property, if express ly permitted by the City
Com mis s ion as part of the waiver-of-p lat, tentative or fina l p lat.
(b) The building s ite created by t he prop osed waiver o f plat waiver of plat , tentative or final
p lat, wi ll n ot re sult in existing structures becomin g nonconforming as they re late to se tba c ks, lot
area, lot width and depth , ground coverage and o th er applicab le regulation s of the City 's Land
Deve loRment Code tIlese land deve lopment regulati ons and/or C ity's Co de of Ord in ances.
(c) The building s ite created by th e proposed waiver of plat waiver of plat, tentative or final
ol!!!.. w ill be free of encroachments from abutting buildable s it es.
(d) The building s ite cre ated by the proposed wa iver-of-p lat, tentative o r final p lat, is free of
any declaration s of restrictive covenants, unity of tit le, easements, or the like, wh ich would )
prevent the separation of the s ite. However, thi s prov is ion s hall not apply if existing covenants,
uni ty of titl e, easements, o r the lik e, w hi ch conflict with the RroRosed su bdivision , may be
relea sed or modified to accommodate the Jllimose d building s ite.
Pa ge 2 of 4
I
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
47
48
49
50
51
52
53
(e) The scalc of anx proposed new construction shall be compatible with the as-built character of
the surrounding area, and shall not create adverse impacts on the surrounding area; but if so, the
applicant shall provide satisfactory commitments as to how the !ldverse impacts will be mitigated.
(f) The building siMs), 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 Cock,
except that the City Commission may approve parcels that conform to those that actually cxist on
the same block face as the subject property, if expressly permitted as part of the waiver of plat,
tentative or final plat.
(3) Additional Conditions. The e~ity e~ommission shall may-designate such additional
conditions in connection with a waiver of plat waiveF of fllat, tentative or final plat, as will, in its
opinion; assure that such waiver of plat waiveF of fllat, tentative or final plat, will conform to the
foregoing requirements in this section.
(a) Additional conditions shall ensure the retention of specimen trees and fifty (50) percent of
existing protected tree canopy (as provided for in the City's tree protection ordinance) on the
subject property for a period o( time to be determined b.Y..Jbe City Commission in its sole
51iscretion.
(b) No subdivision shall be approved unless all of the lots have immediate access to an adegual<,
sanitary sewer system, including all sewage lines and facilities, or unless thcy meet the minimum
reguirements for a septic tank system.
(c) In their review and recommendations, the Planning De"artment and Planning Board may
recommend, and thc City Commission may "rescribe, conditions or safeguards restricting th~
square footage, orientation and location of the new structures to be built on the resulting lots, and
for existing single family homes, that qualify for designation under,Jhe criteria for historic
preservation in the Land Development Code, a referral to the Historic Preservation Board for
consideration. All such conditions and safeguards shall be consistent with the purpose and intent
of the City's Land Development Code and Comprehensive Plan.
(4)_~Additional Application Requirements. As part of the required tentative or final plat or
waiver of plat waiveF of fllat application, applicants shall be required to submit a proposed
conceptual site plan lBF the Fesulting Building flaFeels, an existing tFee SUFve), (ma), Be induded in
flFoflert), sun'ej') whieh shall indieate aA)' pFoposed tFee Femoval OF FeloeatioH HeeessaF)" and, if
so, the aflflFoflFiate eit)' applieatioA lBF tFee Femoval OF FeloeatioR drawn to scale, and indicating
the following information for the entire subject property to be subdivided:
a. Building footprints,
b. Setbacks, yard requirements and easements. Future construction may deviate from the building
footprints shown on the eoncemual plan, as long as the setbacks and yard requirements are in
accord with the Code existing at the time of such future construction.
e. A certified tree survey overlaid directly upon the site plan, and indicating the location,
referenced to structures, of all trees meeting the dimensions set forth in Section 20-4.5. The
survey shall distinguish the existing trees proposed to be destroyed, relocated, replaced, prcserved
at their present location, or introduced into the development from an off-site source. All trees
shall be identified by variety, trunk diameter and height. Once an application for a waiver of plat
or tentative plat is filed, a moratorium is placed on tree removal until after final waiver-of-plat or
final plat approval is issued.
d. No final certificate of occupancy shall be issued nor electrical power cut-in authorization
given until the relocation or replacement of trees, as required by the tree removal permit has been
completed, and the final tree inspection approval by the City. Trees relocated from one portion of
the site to another, which do not survive transplantation, shall be replaced with a suitable
replacement tree, as determined by City staff.
e. No variances shall be allowed on subdivided lots, regardless of whether such lots are created
by waiver-of-plat or replat.
(C) Improvements Required.
Page 3 of 4
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
47
48
49
50
51
52
53
(1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in
accordance with Chapter 28 of the County Code and other applicable city requirements, unless
such can be and are waived or deferred by the city commission.
(2) No building shall be erected, improved, modified, altered or enlarged in any zoning usc
district, other than in an RS residential district, unless proper public improvements have been
installed.
(D) Creation of Authorized Building Sites.
(1) No building permit for the construction of any structure within the city shall be issued
until an authorized building site has been created which meets at least one (1) of the following
criteria:
(a) Is part of a recorded subdivision plat or has received waiver of plat approval;
(b) Is part of an officially approved planned unit development which:
i. Provides for all utility and drainage easements, alleys, streets and other public
improvements necessary to meet the normal requirements for platting, and
ii. Includes the designation of building areas and easements, alleys and streets required and
properly dedicated, and necessary public improvements; or
(c) Fronts upon a dedicated public street and was separately owned prior to the effective date
of this Code or annexation to the city;
(2) Wherever there exists a single-family dwclling unit which was constructed on a building
site containing two (2) or more platted lots, the nonconforming lot of record provisions in this
Code shall apply.
(3) Established building sites shall not be reduced in any manner to a size which is less than
that required for the zoning district in which located.
Section 2. Codification. The provisions ofthis ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
Section 3. 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, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1" Reading
2"d Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of 4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
1 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section 20-4.2 of the City of South Miami's Land
4 Development Code to add criteria for the City's approval of the subdivision of land,
5 including subdivision by a waiver of plat or through the process set forth in Chapter
6 28 of the Miami-Dade County Code.
7
8 WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the process of
9 subdividing parcels of land in the City of South Miami; and
10
II WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of Chapter 28 of
12 the Miami-Dade County Code of Ordinances; and
13
14 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must be
IS approved by the City of South Miami before it can obtain final County plat approval; and
16
17 WHEREAS, Section 20-4.2 does not provide any criteria for the approval of a plat that has been
18 tentatively approved by the Miami-Dade County platting division; and
19
20 WHEREAS, this proposed amendment to section 20-4.2 will have been presented to the
21 Planning Board before second reading of this ordinance and the board's recommendation will be attached
22 as backup for second reading; and
23
"'4 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact
" criterial for the approval of a plat that has been tentatively approved by the Miami-Dade County platting
26 division.
27
28 NOW, mEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as follows:
32 20-4.2 Land subdivision regulations.
33
34 (A) Applicable Regulations. The subdivision of all land within the city shall be subject to
35 Chapter 28 of the Miami-Dade County Code of Ordinances and administered by the Miami-Dade
36 County Department of Public Works. However. waivers of plat. tentative plats. and final plats
37 must also be approved by the City Commission and meet the requirements of Subsections (B) and
38 (B) (I), (2). (3), and (4) of this Section as set forth below.
39 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
40 structurally altered within the city shall be located on a platted lot, except that the ~"ity
41 ~oommission may waive platted lot compliance in accordance with section 28-4 of the County
42 Code and the procedures set forth below. No lot(s). plot(s) or parcel(s) of land. or building site(s)
43 (collectively referred to as "parcel of land" or "parcel" for the purpose of this section) whether
44 improved or unimproved, whether or not designated by number. letter or other description in a
45 plat of a subdivision, or unplatted. shall be further divided or split. for any purpose. whether
46 immediate or future. including for the purpose of transfer of ownership or development. unless
7 first referred to the Planning and Zoning Board ("Planning Board") for its recommendation, and
">8 thereafter reviewed and approved by the City Commission, as provided in this section.
49
50
Page 1 of 4
1
2
3
4
5
6
7
8
9
\0
1 1
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
47
48
49
50
51
(I) Wai"er ef Pial A wai'.'er ef ~Ial ,,,a)' as a~~re,'es a)' Ihe Cit), CemmissieA. Review and
Notice.
Cal Review . A property owner shall submit an application for a waiver of plat,
tentative or final plat, 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 requirements and procedures
set forth in the Land Development Code. 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 on the application, and from 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. Prier Ie Cit)' Ce",missieA a~~re ... al, Ihe a~~liealieA
ror aAY suasi ... isieA allllreval shall ae re>'ie'n 'es a)' the PlaAAiAg Bears. The su~eel
~re~sFl)' shall as ~eslea leA (I Q) a8)'s ~rier Ie Ihs PlaAAiAg Beara rs'.isw ef Ihs
a~pliealieA, aAs mailes Aelies shall ae ~re"ises Ie all ~rel"erty ew"ers >'IilhiA a five
hUAsres (SQQ) roel Maius eflhs su~eel ~rel"er!)'._
(b) Notice. At least ten (\ 0) days prior to the City's Planning Board review of the
application for waiver of plat. tentative or final plat, the subject property shall be posted
by the Planning Department. with a notice of the date, time and place of the Planning
Board meeting, on the subject property fronting all roadways that abut the property, and
published. In addition, 10 days prior to the meeting of the City Commission to consider
either a waiver of plat. or tentative or final plat approved in accordance with Chapter 28
and this section, notice of the date, time and place of the City Commission meeting shall
be posted (in the same manner as required above for a Planning Board review),
published, and provided by U.S. Mail to all property owners within a-five hundred (500)
feet of the perimeter of the subject property.
(2) City Commission Findings. Prior to approving a waiver-of-plat, tentative or final plat. the
!;:.eity !;:.eommission shall use the following guidelines:
(a) The building site created by the proposed waiver-of-plat, tentative or final plat, will be
equal to or larger than the ",ajeR!)' median of the existing building sites and of the same character
as the s~urrounding area (this shall be demonstrated using copies of the official plat maps for the
subject property and surrounding neighborhood), unless otherwise permitted by this ordinance.
Surrounding area is defmed as all lots within the same zoning district and within five hundred
(500) feet from the exterior boundaries of the subject property, including those that are diagonal
to the property and separated by a roadway, excluding SW 67 th Avenue, SW 56 th Street. and SW
nod Street, and which shall include all of the applicant's proposed building sites, to be created.
In addition, the lot frontage and net lot area of the building site(s) created shall be not less than
the median of the lot frontage and net lot area of lots within the Surrounding area, defined above.
No building site shall be diminished such that the street frontage and net lot area of the parcel is
less than prescribed by the City 's land development regulations , or that already exists on the same
block face as the subject property, if expressly permitted by the City Commission as part of the
waiver-of-plat, tentative or final plat.
(b) The building site created by the proposed waiver-of-plat, tentative or final plat. will not
result in existing structures becoming nonconforming as they relate to setbacks, lot area, lot width
and depth, ground coverage and other applicable regulations of the City 's Land Development
Code IRese laAs se ... ele~meAI regulalieAs and/or City's Code of Ordinances.
(c) The building site created by the proposed waiver-of-plat, tentative or final plat, will be
free of encroachments from abutting buildable sites.
Page 2 of4
)
n
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
"iI
v
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
:;0
51
52
(d) The building site created by the proposed waiver-of-plat. tentative or final plat. is free of
any declarations of restrictive covenants. unity of title. easements. or the like which would
prevent the separation of the site. However. this provision shall not apply if existing covenants.
unity of title. easements. or the like which conflict with the proposed subdivision may be released
or modified to accommodate the proposed building site.
(eD The scale of any proposed new construction shall be compatible with the as-built character
of the surrounding area. and shall not create adverse impacts on the surrounding area; but if so.
the applicant shall provide satisfactory commitments as to how the adverse impacts will be
mitigated. ,
(0 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.
except that the City Commission may approve parcels that conform to those that actually exist on
the same block face as the subject property. if expressly permitted as part of the waiver of plat.
tentative or final plat.
(3) Additional Conditions. The e!:;ity e!:;ommission shall may--designate such additional
conditions in connection with a waiver-of-plat. tentative or final plat. as will , in its opinion;
assure that such waiver-of-plat, tentative or final plat. will conform to the foregoing requirements
in this section.
(a) Additional conditions shall ensure the retention of specimen trees and fifty (50) percent of
existing protected tree canopy (as provided for in the City's tree protection ordinance) on the
subject property for a period of time to be determined by the City Commission in its sole
discretion.
(b) No subdivision shall be approved unless all of the lots have immediate access to an adequate
sanitary sewer system. including all sewage lines and facilities. or unless they meet the minimum
requirements for a septic tank system.
(c) In th e ir rev iew a nd recomm e ndati ons, th e Pl a nnin g Depart me nt a nd Planning Board may
reco mm end . and th e C ity Com mi ss io n may prescri be . conditi on s o r sa fe gu a rd s res tri c tin g th e
squ a re foo tage. ori e nt at io n a nd loc ati o n of th e new stru c tures t o be built o n th e res ul t in g lo ts. a nd
fo r ex is ting si ngl e fam ily ho me s, that qu a li fy for des ignati on und er th e c riteria for hi st o ri c
p reserv a ti o n in th e Lan d De ve lo pm e nt Code . a re ferr a l to the Hi s tori c Prese rvati on Board for
co ns iderati o n. All s uch conditi o ns a nd sa fe guard s s ha ll b e con s iste nt wi t h th e purp ose a nd inte nt
o f th e C ity's La nd Deve lopme nt Code a nd Compre he ns iv e P la n[GHl],
(~) Additional Application Reqllirements. As part of the required tentative or final plat or
waiver-of-plat application, applicants shall be required to submit a proposed conceptual site plan
fer the resllltiRg buildiRg ~sreels , SR eliistiRg tree su,",'e), (ms)' be iRslllded iR ~re~ert)' sll,",'e),)
whiah shsll iRdieste SR)' jlre~esed tree reme,'sl er raleestieR Reeesssf)', sRd , if se, the s~jlre~riste
ait)' SflfllisatiaR fer tree rame'.'sl er releastieR drawn to scale. and indicating the following
information for the entire subject property to be subdivided:
a. Building footprints.
b. Setbacks. yard requirements and easements . Future construction may deviate from the building
footprints shown on the conceptual plan. as long as the setbacks and yard requirements are in
accord with the Code existing at the time of such future construction .
c . A certified tree survey overlaid directly upon the site plan. and indicating the location,
referenced to structures. of all trees meeting the dimensions set forth in Section 20-4 .5. The
survey shall distinguish the existing trees proposed to be destroyed. relocated. replaced. preserved
at their present location. or introduced into the development from an off-site source. All trees
shall be identified by variety. trunk diameter and height. Once an application for a waiver of plat
or tentative plat is filed, a moratorium is placed on tree removal until after final waiver-of-plat or
final plat approval is issued.
d . No final certificate of occupancy shall be issued nor electrical power cut-in authorization
given until the relocation or replacement of trees, as required by the tree removal pennit has been
completed, and the final tree inspection approval by the City . Trees relocated from one portion of
Page 3 of 4
1 the site to another, which do not survive transplantation, shall be replaced with a suitable
2 replacement tree, as determined by City staff,
3 e, No variances shall be allowed on subdivided lots, regardless of whether such lots are created
4 by waiver-of-plat or [eplaq[GH2],
5
6 (C) Improvements Required.
7 (I) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in
8 accordance with Chapter 28 of the County Code and other applicable city requirements, unless
9 such can be and are waived or deferred by the city commission.
10 (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use
11 district, other than in an RS residential district, unless proper public improvements have been
12 installed.
13 (0) Creation of Authorized Building Sites .
14 (I) No building permit for the construction of any structure within the city shall be issued
15 until an authorized building site has been created which meets at least one (I) of the following
16 criteria:
17 (a) Is part of a recorded subdivision plat or has received waiver of plat approval;
18 (b) Is part of an officially approved planned unit development which:
19 i. Provides for all utility and drainage easements, alleys, streets and other public
20 improvements necessary to meet the normal requirements for platting, and
21 ii. Includes the designation of building areas and easements, alleys and streets required and
22 properly dedicated, and necessary public improvements; or
23 (c) Fronts upon a dedicated public street and was separately owned prior to the effective date
24 of this Code or annexation to the city;
25 (2) Wherever there exists a single-family dwelling unit which was constructed on a building
26 site containing two (2) or more platted lots, the nonconforming lot of record provisions in this
27 Code shall apply.
28 (3) Established building sites shall not be reduced in any manner to a size which is less than
29 that required for the zoning district in which located .
30
31 Section 2, Codification. The provisions of this ordinance shall become and be made part of the
32 Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
33 be renumbered or re-Iettered to accomplish such intention ; and that the word "ordinance" may be changed
34 to "section" or other appropriate word.
35
36 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
38 the validity of the remaining portions of this ordinance.
39
40 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
41 parts of sections of ordinances in direct conflict herewith are hereby repealed.
42
43 Section 5. Effective Date, This ordinance shall become effective upon enactment.
44
45
46
47
48
49
50
51
PASS EDANO ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
I " Reading
2"d Reading
APPROVED:
MAYOR
Page 4 of 4
1
2
3
4
5
6
7
8
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 5 of 4
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
8SE I NEIGHBORS
OFFERED AT $1 ,590,000
Exceptional Coral Gables home with modern contemporary design. Completely
renovated in 2015, this amazing 3-bedroom, 3.5-bath residence situated on an
11,000 sf lot offers an open floor plan that includes expansive living area with
high-ceilings, top-oHhe-line chef's kitchen and grand master bedroom featuring
California closets and plantation shutters. Beautifully landscaped with new roof
and outdoor pool, this property Is close to Riviera Country Club and Golf Course.
YOU WOULD LIKE TO SELL OR BUY PROPERTY CONTACT ME TODAY.
ESTHER PRAT
Director of Luxury Sales
II,
~~" ~" tX2~~ ~?r!iil ~~J:,~~'"
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS llEREBY given thot the City l'ommjs~ion of the City of South Miami.
Florida will conduct Public Heanng(s) at its regular City Commissiun meeting scheduled
for Tuesday, June 7, 20]6, beginning at 7:00 pm., in the City Commission Chamhers,
6130 Sumel Dnve, to Cilnsider the following ilcm(s):
( An Ordinance amending Section 20·4.2 of lbe City of South Miami's
Land Development Code to add criteria and lIfficnd pmccdures fOi the
City'S approval of Ih.:: subdIVision of land, induding subdiviSion by
a waiver of pJat or througll the ploeess sel fortb 11l Chapter 28 of the
l"vliami·Dade County Code
All Ordinance relating t(1 the City's SeheO\11c of Fee allo Fines: amending
ordinance 22-]4-2200 t<.l intrease some fees, adding new fees, and
deleting some fees from the schedule
ALL interested parties are 11lviled to attend anrl \yill be hellrd
)
rOT further information, please contact the elly Clerk's Office at 305-663-6340.
?-..1aria M Menendez, eMf:
City Clerk
Pnrsnant to Florida Stanlles 2f.6.0105, the City hereby ad\·ises the puhlic that)f a person <kddcs
to appenl any deClsion made by this Board. Agency or Commission with respect to any matter
CI'llsiciered at i1~ meeting. or hearing, he or she will need a rcwrd Ill" the pn','cl'ding~. ami that
for such purpose. affected persoll may need to ensure that a verbatim record of the proceedings
IS malic whidl teemd includes the 1c~lim(ln)" and C\ i{kncc UPI'" which the appeal i, h' hi:: ha.""d.
CRIME WATCH
I SUNDAY MAY U 2016
MIAMIHERAlO.COM
When traveling, kids
should wear seat belts
or be in car seats
~\' CARMEN GONZALEZ
CALDWELL
Spuilll TQ Thp Millin; Hmild
F or many, buckling
up in a vehicle is
second nature.
Open the door, sit
down, start the car and
buckle your seat belt.
But according to the
National Highway Traffic
Safety Administration, in
the United States in 2014,
9,385 people lost their
lives as a result of not
completing this simple,
essential step.
That's why local law
enforcement agencies will
join the administration
May 23 to June 5 in the
national Click It or Ticket
enforcement campaign.
This enforcement period
comes ahead of the Me-
morial Day holiday, one
of the busiest travel week-
ends of the year,
While 88.5 percent of
passenger vehicle occu-
pants buckled up in 2015,
almost SO percent of oc-
cupants of fatal crashes
nationwide are not re-
strained, according to the
administration.
Many believe that driv-
ing in large vehicles,
trucks or SUVs offers
greater protection during
a vehicle crash. Sadly, this
is not the case.
According to NHTSA,
61 percent of pickup truck
occupants who were killed
in crashes were not buck-
led up, That's compared
to 42 percent of passenger
car occupants who were
killed while not wearing
their scat belts. Addition-
ally, men and young
adults are more likely to
not wear seat bell~.
Every day, J see kids
still not properly re-
strained, so let's review
what the recommenda·
, tions are for children in
vehicles:
• Under 12 months:
Your child under age 1
should always ride ill a
rear-facing car seat. There
are different types of
rear-facing car seats: In-
fant·only seats can only
be used rear-facing. Con-
vertible and :Hn-l car
seats typically haVe higher
height and weight limits
for the rear-facing posi-
tion, allowing you to keep
your child rear-faCing for
a longer period of time. A
rear-facing Cat seat is
best for your young child
to use, It has a harness
and in a crash, cradles
and moves with yo'ur child
to reduce the stress to the
child's fragile neck and
spinal cord.
.1 to 3 Years: Yom
child should remain in a
rear-facing car seat until
he or she reaches the top
height or weight limit
allowed by your car seat's
manufacturer. Once your
child outgrows the rear-
facing car seat, he or she
is ready to travel in a
forward-facing car seat
with a harness. A for-
ward·fac1ng car seat has
a harness and tether that
limits your child's forward
movement during a crash.
.4to7Years:Keep
your child in a forward·
facing car seat with a
harness until he or she
reaches the top height or
weight limit allowed by
your car set's manufac-
ture, Once your child
outgrows the forward-
facing car seat, it's time
to travel ill a booster seat
but still in the back seat.
.8 to 12 Years: Keep
your child in a booster
seat tUltil he or she is big
enough to fit in a seat belt
properly, For a seat belt to
fit properly the lap belt
must lie snugly across the
upper thighs, not the
stomach. The shOUlder
belt should lie snug across
the shoulder and chest
and not cross the neck or
face. Remember: Your
child should still ride in
the back seat because it's
safer there. A booster
seat positions the seat
belt so that it fits properly
over the stronger parts of
your child's body,
Gannetl Caldwell is
executive director of
Citizew' Grime Watch of
Miami-Dade. Smd
feedback and neil's for thi.~
'column to .
carmen@citizcll5crime
watch.org, or caillier at
305-470-1670,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority. personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review flkJa Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Flonda, that the
attached copy of advertisement, being a legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -JUNE 7 2016
CITY OF SOUTH MIAMI
;n the XXXX COO". NOTICE OF PUBLIC HEARING
was published in sa'id newspaper in the issues of
05/2012016
Affiant further says that the said Miami Daily BUSiness
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and thai the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida each day (except Satl!rday, Sunday and
Legal Holidays) and has ,been entered as second dass mail
matter a1 the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the altached copy of adVertisement; and affiant
further says that he or she has neither paid nor promised ,any
person, firm or corporation any discount, rebate, commiSSion
or refund for the purpose of securing this advertisement for
Sworn 10 and subscribed before me thiS
(SEAL)
OCTELMA V. FERBEYRE personally known to me
RI-tONDA M PELTIER
MY COMr.lISSION ~ FF231407
i~XP;RES MflY 17 2019
NOTICE IS HEREBY given that the CitrCommission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, June 7, 2016, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to cons'lder the follow-
ing item(s):
(
An Ordin:nce amending Section 20-4.2 of the City of South Miami') ..
Land Development Code to add criteria and amend pmcedures for the
, C'rty's a.pproval of the subdlviS'lon of land, including SUbd. ivision by a. 1 waiver of plat or through the prOcess set forth in Chapter 28 of the '
1 Miami-Dade County Code. .
An Ordinance relating to the City's Schedule of Fee and Fines; am81 ,\..l-
ing ord"lnance 22-14-2200 to 'Increase some fees, adding new fees,
and deleting some fees from the schedule,
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-
663-6340.
Mar'la M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agen-
cy or Commission w'lth respect tb any matter Considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based" '
5/20 . 16-154/0000115275M