10THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Membersofthe City Commission
FROM: Thomas Pepe, City Attorney
July 27, 2016 Agenda Item No.: 10 DATE:
SUBJECT:
An Ordinance amending Section 20-4.2 of the City of South Miami's Land
Development Code to add criteria for the City's approval of the subdivision
of land, including subdivision by a waiver of plat or through the process set
forth in Chapter 28 of the Miami-Dade County Code.
BACKGROUND:
This ordinance was reviewed at a workshop conducted by Commissioners Gabriel
Edmond and Walter, Harris on July 6, 2016, and it was reviewed and amended at a
meeting of the City Commission on July 19,2016. Following the meeting, staff
reviewed the amended ordinance and has made the following recommendations:
Suggested Changes:
The following are suggestions and comments made by the Planning and Zoning
Director, Ms. Jane Tompkins, and by the City's consulting land use attorney, Mr.
Gary Held:
Mr. Gary Held advised:
As to subsection (B) (2) (a) (ii) concerning a reduction in the minimum zoning requirements
for lot size and frontage, this subsection is the only part of the amendments that is less
restrictive than the preexisting ordinance.
As to subsection (B) (2) (g) concerning irregular lots, consider adding the words "or jagged"
to further describe a possible irregular lot, though a jagged lot probably has more than
four comers, but there might be an ambiguity if a jagged edge was between two comers.
As to subsection (B) (3) I agree with a suggestion of Mr. Held's that the word "foregoing"
should be deleted for better clarity since some of the additional conditions, include those
in subsection (3) (a) and (b), which are not "foregoing" should also be included.
As to subsection (B) (4) (b) concerning future construction, the word "from" is not needed
here.
As to subsection (B) (4) (c) concerning a survey of trees which states "meeting the
dimensions set forth in Section 20-4.5 .... ", why create a separate standard for a tree
survey than in the tree ordinance. Can we just say: "A certified tree survey, overlaid onto
the site plan, as required by Section 20-4.5." This can substitute for the first three
sentences of this section.
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Also, is it worth setting up a process to obtain a waiver of the tree removal moratorium if
circUmstances require? In the extreme, a storm might require tree removal or there may
be trees that are found to be fatally damaged or diseased that threaten the public health,
safety or welfare. The review could be managed administratively by the City Manager.
Ms. Jane Tompkins advised:
As to subsection (1) (b), she suggests deleting the following language, "All notices shall be implemented
by the Planning Department, except the applicant shall provide a certified mailing list with labels, and
compile the mailing. All notices shall be at the cost of the applicant". The applicant mails a notice
regarding the submission of the application, so the first sentence isn't quite correct. The rest of it
is correct, but since it's our normal procedure for public hearings she sees no reason to include it
specifically in this section.
As to subsection (2) (a) (i) she suggests that this' sentence should end after the word "property." The
reference to properties that are diagonal doesn't add anything and is therefore unnecessary, since
it seems impossible to notify owners within 500' without including those that are diagonal to the
subject site.
As to subsection (2) (a) (ii) concerning an exception to the minimum requirements, she agrees that this
subsection is less restrictive than the existing development regulations.
As to subsection (2) (a) (iii) concerning the exclusion of the public right of way from the calculation oflot
size and frontage, she agrees with the concept but she believes it's misplaced in this subsection since
it should also apply to subsection (2) (t).
As to subsection (3) (a) concerning tree canopy, the LDC doesn't require that canopy measurements
be provided so the City should specify that this new requirement also applies to subsection (2) (c)
as well.
As to subsection (4) (b) concerning setbacks and footprints, she doesn't think that the Planning
Department would know that the footprint was increasing by more than 4%. Therefore, she suggests
deleting the word "footprints" and just leaving it at size of building and gross floor area.
As to subsection (4) (b) concerning conceptual site plan approval, she suggests adding some clarity as to
what will be required of applicants. She suggests that the applicant should be required to seek approval of
the conceptual site plan by the City Commission at a public hearing and that there should be a reference
to the procedure to be followed by adding the following to the last sentence: ... by resolution of the City
Commission at a public hearing and in accordance with the process set forth in Section 20-5.5 of the
City's Land Development Code.
As to subsection (C) she feels that this subsection is a little confusing and contrary to what is the
standard practice at the City and contrary to what has been told to builders of single-family
homes. As to subsection (C) (2) she questions whether this section is now in conflict with the new
provisions; and if so, suggests that it be deleted.
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 OJ: 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
13
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
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 has been presented to the Planning
21 Board at the April 12,2016 Planning Board meeting and the board has recommended that the ordinance
22 be adopted by a four (4) to two (2) vote with the condition that Commission should reconsider the
23 no variance rule since it is extremely drastic and to reconsider the language subsection B(3)(c),
24 as it should be dependent on the code anyway; and
25
26 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact
27 criteria for the approval of a plat that has been tentatively approved by the Miami-Dade County platting
28 division, and otherwise amend the ordinance to improve the platting and subdivision of land in South
29 Miami, for the public health, safety and welfare.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
32 OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as follows:
35 20-4.2 Land subdivision regulations.
36
37 (A) Applicable Regulations. The subdivision of all land within the city shall be subject to
38 Chapter 28 of the Miami-Dade County Code of Ordinances and administered by the Miami-Dade
39 County Department of Public Works. However, waivers of plat. tentative plats, and fmal plats
40 must also be approved by the City Commission and meet the requirements of this ordinance as set
41 forth below.
42 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally
43 altered within the city shall be located on a platted lot, except that the Qeity Qoommission may
44 waive platted lot compliance in accordance with section 28-4 of the County Code and the
45 procedures set forth below. No lot(s), plot(s) or parcel(s) of land, or building site(s) (collectively
46 referred to as "parcel of land" or "parcel" or "building site" for the purpose of this section)
47 whether improved or unimproved, whether or not designated by number, letter or other
48 description in a plat of a subdivision, or unplatted, shall be further divided or split, for any
49 purpose, whether immediate or future, including for the purpose of transfer of ownership or
50 development, unless first referred to the Planning and Zoning Board ("Planning Board") for its
51 recommendation, and thereafter reviewed and approved by the City Commission, as provided in
52 this section.
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(1) Waiver of Plat A waiver of plat may be approved by the City Commission. Review and
Notice.
Ca) Review. A property owner shall submit an application for a waiver of plat, tentative
or rmal 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 ill accordance with the requirements -and procedures Set forth in
the Land Development Code. All applicants shalLprovide, 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
dermed 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 parcel's
configuration as requested. Prior to City Commission approval, the applieation for afty
subdivision approval shall be reviewed by the Phmning Board. The subjeet property
shall be posted ten (10) days prior to the Planning Board review of the applieation, and
mailed notiee shall be provided to all property O'Nners within a five hundred (500) foot
radius of the suhjeet property._
(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, place and purpose of the
Planning Board meeting, on the subject property, fronting all roadways that abut the
property, and published on the City's website as well as in a newspaper of general
circulation within the City. In addition, 10 days prior to the meeting of the City
Commission which is scheduled to consider either a waiver of plat. or tentative or final
plat approval in accordance with Chapter 28, and/or this section, notice of the date, time
and place of the City Commission meeting shall be posted and published (in the same
manner as required above for a Planning Board review), and provided by U.S. Mail to
all property owners within five hundred (500) feet of the perimeter of the subject
property. All notices shall be implemented by the Planning Department, except the
applicant shall provide a certified mailing list with labels, and compile the mailing. All
. notices shall be at the cost of the applicant.
(2) City Commission Findings. Prior to approving a waiver of plat waiver of plat, tentative
or final plat, the Qeity Qeommission shall use the following guidelines:
(a) (i) The building site created by the proposed waiver of plat waiver of plat, tentative
or final plat, will should be equal to or larger than the majority median of the existing building
sites and of the same ehafaeter as in 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.
(ii) The City Commission may, in its discretion, approve a subdivision of land into
lots that are included as part of a waiver of plat, tentative or final plat. and that have lot frontage
or a lot area that is less than the minimum required by the City's land development regulations
provided it is approved by four votes of the City Commission and that either lot frontage or the
lot size meets the minimum requirements and the other is not less than seven and one half (7.5)
per cent of the minimum requirements~
(iii) Lot area and street frontage calculations shall exclude abutting public rights-of-
(b) The building site created by the proposed waiver of plat VIaPler 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 these land de,.telopmeHt regulations and/or City's Code of
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Ordinances, except as permitted by this ordinance. Compliance with this provision may occur by
demolition or relocation of existing structures.
(c) The building site created by the proposed waiver of plat vraPier of plat, tentative
or final plat, will be free of encroachments from abutting bHildable building sites.
Cd) 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, ot· the like, which
would prevent the separation of the site. However, this provision may be satisfied if existing
covenants, unity of title, easements, or similar instruments, which conflict with the proposed
subdivision, are released or modified to accommodate the proposed building site.
(e) 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. An example of an adverse impact includes visual impacts arising from a proposed
two-story structure in an area built out with single story homes; mitigation could include adding a
condition to the approval of the waiver of plat, tentative plat or final plat, for landscape buffers, or
adjusting second story setbacks or building facades to reduce the visual impact.
(f) 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 as provided in subsection (2)(a) (ii) above.
(g) The building ·site or sites created by the proposed waiver of plat, tentative or fmal plat
cannot constitute an irregular parcel (one that has more than four (4) comers or that has any
curved lot line), unless the City Commission by a four-fifths vote determines that the irregularity
arises from irregularity in the original parcel and cannot be corrected, or the Commission by such
vote determines the irregularity is compatible with the parcels in the Surrounding area.
(3) A.dditional Conditions. The eQity eQommission shall ~esignate such additional
conditions in connection with a waiver of plat waiver of plat, tentative or final plat, as will, in its
oQinion; assure that such waiver of plat vraPier of plat, tentative or fmal plat, will conform to the
[oregoingj requirements in this section.
(a) Additional conditions shall ensure the retention of specimen trees for six (6) years
and permanently maintain fifty (50) percent of existing protected tree canopy, but in no event
shall the condition be less restrictive than what is required by the City's and County's tree
ordinance.
(b) 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
parcels.
(c) The property owner shall execute and record in the public records of Miami-Dade
County, a restrictive covenant, in a form approved by and subject to the review and approval of
the City Manager and City Attorney, which contains all commitments made and conditions
imposed as part of the approval of the approved waiver of plat, tentative and/or final plat.
(4 )_Additional Application Requirements. As part of the required tentative or final plat or
waiver of plat vraiver of plat application, applicants shall be required to submit a proposed
conceptual site plan for the resHlting bHilding pareels, an existing tree sHfYey (may be inelHded in
property sHfVey) vAlieh shall indieate ~' proposed tree removal or reloeation neeessary, 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.
For purposes of this section, a conceptual site plan means a plan that is drawn at the schematic
design phase, showing parcel lot lines, land uses, general building location, general driveway and
parking arrangements, and major site features. Future construction may not exceed by more than
four (4) per cent from the size of the building, footprints or floor area, gross, shown on the
conceptual plan, unless approved by the City Commission by a four-fifths vote, and as long as the
setbacks and yard requirements are in accord with the Code existing at the time of such future
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1 construction. The conceptual site plan shall be reviewed by the Planning Board and
2 approved by resolution of the City Commission.
3 (c) A certified tree survey overlaid directly upon the site plan, and indicating the location,
4 referenced to structures, of all trees meeting the dimensions set forth in Section 20-4.5. The
5 survey shall distinguish the existing trees proposed to be destroyed, relocated, replaced, preserved
6 at -their present . location, or introduced -into the development from-an ·o(f-sltesource. All· trees
7 shall be identified by variety, trunk diameter and height. Once an application for a waiver of plat
8 or tentative plat is filed, a moratorium is placed on tree removal until after final waiver of plat or
9 final plat approval is issued.
10 (C) Improvements Required
11 (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or
12 developer of the abutting parcel in accordance with Chapter 28 of the County Code and other
13 applicable city requirements, unless such can be and are waived or deferred by the city
14 commission.
15 (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use
16 district, other than in an RS residential district, unless proper public improvements have been
1 7 installed.
18 (D) Creation of Authorized Building Sites.
19 (1) No building permit for the construction of any structure within the city shall be issued
20 until an authorized building site has been created which meets at least one (1) of the following
21 criteria:
22 ( a) Is part of a recorded subdivision plat or has received final waiver-of-plat approval;
23 (b) Is part of an officially approved planned unit development which:
24 (i) Provides for all utility and drainage easements, alleys, streets and other public
25 improvements necessary to meet the normal requirements for platting, and
26 (ii) Includes the designation of building areas and easements, alleys and streets
27 required and properly dedicated, and necessary public improvements; or
28 (c) Fronts upon a dedicated public street and was separately owned prior to the effective
29 date of this Code or annexation to the city;
30 (2) Wherever there exists a single-family dwelling unit which was constructed on a building
31 site containing two (2) or more platted lots, the nonconforming lot of record provisions in this
32 Code shall apply.
33 (3) Established building sites shall not be reduced in any manner to a size which is less than
34 that required for the zoning district in which located.
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37 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
38 Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
39 be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed
40 to "section" or other appropriate word.
41
42 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
43 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
44 the validity of the remaining portions of this ordinance.
45
46 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
47 parts of sections of ordinances in direct conflict herewith are hereby repealed.
48
49 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2016.
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
3rd Reading
4th Reading
5th 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 Edmond:
Commissioner Harris:
Commissioner Liebman: