99
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.
6
7 WHEREAS, the City Commission has expressed concerns as to the manner and
8 procedure through which property in the City of South Miami is being subdivided; and
9
10 WHEREAS, the City Commission has been in the process of amending 20-4.2 for over a
11 year; and
12
13 WHEREAS, on March 15, 2016, the City Commission passed, on first reading
14 amendments to Sections 20-5.17 and 20-4.2, of the City's Land Development Code; and
15
16 WHEREAS, on April 12, 2016, the Planning Board reviewed the proposed ordinances
17 and recommended that the lot split ordinance be adopted with amendments, and the other
18 ordinance not be enacted; and
19
20 WHEREAS, it is anticipated that the City Commission will address the ordinance on
21 fourth reading on July 19th , 2016 and it is anticipated that the ordinances may need a fifth reading;
22 and
23
24 WHEREAS, the Mayor. and Commission desire to maintain the status quo until the
25 ordinances can be approved or rejected by the City Commission.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
28 OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30
31 Section 1. The City hereby enacts a temporary moratorium on the processing of any
32 applications for the subdivision of land in the City. The moratorium shall expire on August 19,
33 2016_or the date that the City Commission enacts or rejects an amendment to section 20-4.2 ofthe
. 34 Land Development Code, whichever occurs first, provided the expiration date has not been
35 extended by resolution as provided herein. The City Commission may extend the expiration date
36 for an additional 30 days by written resolution in the event that section 20-4.2 has not been
37 enacted or rejected by August 19,2016.
38
39 Section 2. Determination of Vested Rights or Denial of All Economic Use.
40
41 (A) Nothing in this Ordinance shall be construed or applied to abrogate the
42 vested right of a property owner to complete subdivision of a parcel where the property
43 owner can demonstrate by substantial competent evidence each of the following:
44
45 1. A governmental action occurred prior to the effective date of this
46 Resolution upon which the property owner has detrimentally relied, in good faith,
47 by making substantial expenditures; and
48 2. It would be highly inequitable to deny the property owner the right to
49 complete the subdivision of the owner's land.
50
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(B) Any property owner claiming vested rights or denial of all use under this
R,esolution must file an application with the City Commission for a determination within
90 days after the effective date of this Resolution, The time limit for filing an application
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. Judicial review of final decisions by the City Commission
under Section 1 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 Judicial 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 abrogat'ion 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 ofthis 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 immediatelyupon adoption.
PASSED AND ENACTED this __ day of _____ 2016.
ATTEST:
CITY CLERK
1st 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:
24SE I I NEIGHBORS I SUNDAY JULY 24 2016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY l,>iven that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday, August 2, 2016. beginning at 7:00 p.m .. in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, placing a question on the ballot for Tuesday, November 8, 2016,
Presidential Election, to correct language made obsolete by state law or previous
charter changes, and to clarify existing Charter language without change in
function or intent by amending Art. II, Sec. 8.A, Art. III, Sec. 5.E. Arl. IY.Sec.
2.B, Art. IV, Sec. 2.C., Art. V, Sec. 1.8.4-5, Art. V, Sec. 5.B., Art. V, Sec. 6.,
including an effective date for the amendment, and directing the City Clerk to
incorporate the amendment into the Charter and to file the revised charter with
the Florida Department of State; providing ballot language and directing the City
Clerk to take all necessary actions to carry out the provisions of this resolution.
A Resolution of the City of South Miami, Florida, placing a question on the
ballot for Tuesday, November 8, 2016, Presidential Election, to amend the City
Charter, Alticle 11, SECTION 6, subsection D Voting Procedure, to reduce the
number of votes necessary to make land usc and development regulations less
restrictive for the Madison Square atTordable hOllsing project.
A Resolution of the City of South Miami. Florida. placing a non-binding ballot
question on the Tuesday. November 8, 2016. Presidential Election ballot, to
detemline whether the voters support the building of a new City Hall, Police
Station and Library using the value ofthe existing Library andlor City Hall/Police
Station property. and how surplus funds from such a transaction should be spent.
An Ordinance amending Chapter I. Section 1-8 of the City of South Miami's
Code of Ordinances regarding general penalties for offenses.
An Ordinance amending Chapter 5. Article I. Section 5-1 of the City of South
Miami's Code of Ordinances protecting wild parrots. their nesting trees and
their eggs and establishing criminal penalties and enforcement procedures.
(
An ordinance. establishing a moratorium on the subdivision of parcels of land)
pending the adoption of all anlendment to the City's Land Development Code,
Section 20-4.2. governing subdivision ofland and buildable sites.
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.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advi8cs the public that if a person decides to
appeal any decision made by this Board. Agency or CommisRlon '\.\.;th respect to any matter considered
at its meeting or hearing. he or she will need a record of the proceedings, and that for ~uch purpose,
affected person may need to cm;ure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal is to be bafted.
FROM PAGE USE
CALENDAR
Herald Media Company now
present this journalistic chronol-
ogy, which showcases the spirit
and accomplishments of the
Cuban American community. The
permanent exhibition is housed
at the College's National Historic
Landmark Freedom Tower, itself
central to the story of Cubans in
the United States. MDCs Free-
dom Tower was operated by the
U.S. Government as a reception
center for Cuban refugees from
1962 to 1974. The building is
significa.nt because it represents
the important story of the Cuban
exodus to America and resettle-
ment during the Cold War,A
reports the U.s. Department of
the Interior, which has also called
the Freedom Tower the Ellis
Island of the South.A Though it
operated in that capacity for only
12 years. the building has become
an icon representing the faith
that democracy brought to
troubled lives, the generosity of
the American people and a
hopeful beginning that assured
thousands a new life in a new
land. July 24 -July 28 12 p.m.-S
p.m. Free Miami Dade College -
in varied environments and
locations throughout the China
to reveal the mix of ancient
tradition and modern lifestyle of
its young people. YAA also will
feature several exhibits show-
casing internationally acclaimed
contemporary Chinese artists, Ji
Zhou, Li Hongbo and Yi Zhou, in
addition to artwork from stu~
dents at the Roupu Art Center in
Wuhan, China. July 2411 a.m.-6
p.m.; July 25 -July 2810 a.m.-5
p.m. $11-$14 Young at Art Mu-
seum 751 SW 121 Ave., Davie.
Cuban Classical Ballet of Miami
School Summer Camp This
intensive Summer program
focuses on the Cuban Classical
Ballet Technique and will include:
Pointe. Variations. Pas de Deux.
Character Dance and more. The
camp concludes with a showcase
performance on Saturday, July
30. July 24 -July 28 9 a.m.-5 p.m.
$250 and up Miami Hispanic
Cultural Arts Center 111 S.w. Fifth
Ave .. Miami.
Exhibit Tours -Creating the
Dream Enjoy a guided tour of
"Creating the Dream: George
Merrick and His Vision for Coral
Gables,A" an exhibition about the
Gables' founder and developer
George Merrick. l earn how
Merrick went from thirteen-year
old farmer's son to development
king. This inspiring American
story addresses local history and
urban design. July 241 p.m.
Included in admission Coral
Gables Museum 285 Aragon Ave.,
Coral Gables.
Exile Experience: A Journey to
Freedom "The Exile Experience:
Journey to Freedom" is a pictorial
account of the struggles that the
Cuban exile community has
endured since Fidel Castro's rise
to power, and the successes they
have achieved in the United
States. Having covered the
Cuban exile community and its
struggle for freedom extensively
throughout the years, Miami
Dade College and The Miami SEE CALENDAR, 26SE
The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting
on Tuesday, July 26, 2016 at 6:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186,
The MAC will be evaluating the potential incorporation of the area into a separate municipality; it will also
be meeting with staff to discuss the County's concerns regarding any adverse impact to the remaining
unincorporated municipal service area or other regional municipal-type services that could occur due to
any such incorporation.
The MAC area is generally bounded as follows:
NORTHERN MOST BOUNDARY:
SW 120th Street
SOUTHERN MOST BOUNDARY:
SW 232nd Street
EASTERN MOST BOUNDARY:
US 1
WESTERN MOST BOUNDARY:
SW 157th Avenue
(Boundaries only indude areas within
County Commission District 9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to
see enhanced and any additional information that may assist the MAC in its deliberations.
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
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily, Business Review
Ilk/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published ,at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLICHEARING
CITY OF SOUTH MIAMI-AUGUST 2,2016
in the XXXX Court,
was published in said newspaper in the issues of
07/22/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami,' in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami ~Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) ana has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says, that he or she has neither paid nor promised any
(SEAL)
MARIA MESA personally known to me
RHONDA M PELTIER
MY COMMISSION 1# FF231401
EXPIRES May 17 2019
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