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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
11 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
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14 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must be
15 approved by the City of South Miami before it can obtain final County plat approval; and
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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
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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
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24 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact
25 criterial for the approval of a plat that has been tentatively approved by the Miami-Dade County platting
26 division.
27
28 NOW, THEREFORE, 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 fmal plats
37 must also be approved by the City Commission and meet the requirements of Subsections (B) and
38 (B) (1), (2), (3), and (4) ofthis 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 .Geity
41 .Geommission 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), plotCs) 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
47 first referred to the Planning and Zoning Board ("Planning Board") for its recommendation, and
48 thereafter reviewed and approved by the City Commission, as provided in this section.
49
50
51 (1) Waiver of Plat A waiver of plat may be approved by tHe City CommissioA. Review and
52 Notice .
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Ca) 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. Prior to Cit), CommissioR approval, the applieation for any
subdivisioR approyal shall be reyiewed by the PlanniRg Board. The subjeet property
shall be posted teR (10) days prior to the PlaARiRg Board reyie't'l of the applieatioR, aRd
mailed Rotiee shall be provided to all propert)' ovmers withiR a five hURdred (500) foot
radius of the subjeet propert)'._
(b) Notice. At least ten (10) 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 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 ~6ity ~60mmission shall use the following guidelines:
(a) The building site created by the proposed waiver of plat v/aiver of plat, tentative or final
P.illt. will be equal to or larger than the majority 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 defined 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 62 nd A venue (between
SW 64 Street and SW 78 Street)' SW 67 th Avenue, SW 56 th Street, and SW nnd 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 't'laiYer of plat, tentative or final
P.illt. 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 these laRd deyelopmeRt regulatioRS and/or City 's Code of Ordinances.
Compliance with thi UJ ro v ision may occur by demolition or relocation of ex isting structures.
(c) The building site created by the proposed waiver of plat waiver of plat, tentative or final
P.illt. will be free of encroachments from abutting buildable sites.
(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,
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unity of title, easements, or the like, which conflict with the proposed subdivision, may be
released or modified to accommodate the proposed building site.
ee) 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.
(f) The building siMs), lotes) or parceles) 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.
(g) The building site or sites created by the proposed waiver-of-plat, tentative or final plat cannot
constitute an irregular lot, unless the City Commission determines that the irregularity arises from
irregularity in the original lot layout and cannot be corrected, or the irregularity is compatible
with the lots in the Surrounding area.
(3) Additional Conditions. The sQity sQommission shall may-designate such additional
conditions in connection with a waiver of plat '>'/aiver of ~Iat, tentative or final plat, as will, in its
opinion; assure that such waiver of plat waiver of plat, tentative or final plat, will confonn 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 their review and recommendations, the Planning Department and Planning Board may
recommend, and the City Commission may prescribe, conditions or safeguards restricting the
square footage, orientation and location of the new structures to be built on the resulting lots,.-aad
for existing single family homes, that q\:lalify for sesigRation \:Inser the sriteria fer historis
~reservation in the Land Development Code, a referral to the Wistoris Presef't'ation Board for
eonslderatlon. All s\:leh eondltIons and safeg\:laros shall be eonslstent '>'/lth the P.!:!fPose ans IRtent
of the City's Land Devel0I>ment Code and Comprehensive Plan.
(4) __ Additional Application Requirements. As part of the required tentative or final plat or
waiver oU lat· application, applicants shall be required to submit a proposed
conceptual site plan for the res\:llting b\:lilding pareels, an eJdsting tree S\:lf't'ey (may be inel\:ldes in
property s\:lf't'ey) 'Nhieh shall indieate any proposes tree remoyal or reloeation neeessal)', and, if
so, the appropriate eity applieation for tree removal or reloeation 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.
f or purposes of this section, a conceptual site plan means a plan that is drawn at the schematic
design phase, showing land uses, general building location, general driveway and parking
arrangements, and major site features . 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 permit has been
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1 completed, and the final tree inspection approval by the City. Trees relocated from one portion of
2 the site to another, which do not survive transplantation, shall be replaced with a suitable
3 replacement tree, as determined by City staff.
4 e . No VariaRGeS shall be allo'Ned OR subdivided lots, regardless of whether SUGh lots are Greated
5 by waiver of plat or rep lat.
6
7 (C) Improvements Required.
8 (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in
9 accordance with Chapter 28 of the County Code and other applicable city requirements, unless
10 such can be and are waived or deferred by the city commission.
11 (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use
12 district, other than in an RS residential district, unless proper public improvements have been
13 installed.
14 (D) Creation of Authorized Building Sites.
15 (1) No building permit for the construction of any structure within the city shall be issued
16 until an authorized building site has been created which meets at least one (1) of the following
17 criteria:
18 (a) Is part of a recorded subdivision plat or has received waiver of plat approval;
19 (b) Is part of an officially approved planned unit development which:
20 i. Provides for all utility and drainage easements, alleys, streets and other public
21 improvements necessary to meet the normal requirements for platting, and
22 ii. Includes the designation of building areas and easements, alleys and streets required and
23 properly dedicated, and necessary public improvements; or
24 (c) Fronts upon a dedicated public street and was separately owned prior to the effective date
25 of this Code or annexation to the city;
26 (2) Wherever there exists a single-family dwelling unit which was constructed on a building
27 site containing two (2) or more platted lots, the nonconforming lot of record provisions in this
28 Code shall apply.
29 (3) Established building sites shall not be reduced in any manner to a size which is less than
30 that required for the zoning district in which located.
31
32 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
33 Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
34 be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed
35 to "section" or other appropriate word.
36
37 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
38 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
39 the validity ofthe remaining portions of this ordinance.
40
41 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
42 parts of sections of ordinances in direct conflict herewith are hereby repealed.
43
44 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
151 Reading
2nd Reading
APPROVED:
MAYOR
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3rd Reading
4th Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman: