Ord No 31-21-2421Ordinance No. 31-21-2421
An ordinance amending 20-4.2 to provide the City Commission with discretion
regarding additional condition and waiving certain provisions for City project.
WHEREAS, Section 20-4.2 of the land Development (lDC) sets forth the regulations for
the subdivision of property; and
WHEREAS, the regulations include provisions for what must be included in the application
package and conditions of approval that the City Commission shall impose; and
WHEREAS, the application package requirements include documents such as concept
plans that are not always pertinent to the particular property; and
WHEREAS, the required conditions have, in at least one project, been found to conflict
with a previously approved plan; and
WHEREAS, City staff recommends that Section 20-4.2 be amended to address these
issues; and
WHEREAS, after a public hearing on November 9, 2021, the Planning Board's motion to
recommend approval of the ordinance resulted in a deadlock and consequently the item was
presented to the Commission with a recommendation of tl no comment".
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 20, Section 20-4.2, of the City of South Miami's land Development
Code is hereby amended and shall read as follows:
20-4.2 Land subdivision regulations.
(A) Applicable Regulations. The subdivision of all land within the City shall be subject to Chapter
28 of the Miami-Dade County Code of Ordinances and admi"nistered by the Miami-Dade
County Department of Public Works. However, waivers of plat, tentative plats, and final
Page 1 of 4
Ord. No. 31-21-2421
plats must also be approved by the City Commission and meet the requirements of this
ordinance as set forth below.
(B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally
altered within the City shall be located on a platted lot, except that the City Commission may
waive platted lot compliance in accordance with section 28-4 of the County Code and the
procedures set forth below. No lot(s), plot(s), or parcel(s) of land, or building site(s)
(collectively referred to as "parcel of land" or "parcel" or "building site" for the purpose of
this section) whether improved or unimproved, whether or not designated by number,
letter, or other description in a plat of a subdivision, or unplatted, shall be further divided
or split, for any purpose, whether immediate or future, including for the purpose of transfer
of ownership or development, unless first referred to the Planning and Zoning Board
(" Planning Board") for its recommendation, and thereafter reviewed and approved by the
City Commission, as provided in this section.
(1) Review and Notice.
(a) 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, other than
the City, 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 one hundred twenty (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 parcel's configuration as requested.
* * *
(3) Additional Conditions. The City Commission sAaU iMLdesignate 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
requirements in this ~ection , including but not limited to the following:
(a) Aeeitional coneitions shall may e 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 revie¥l' and recommendations, the Planning QeJ3artment and Planning
Boare may recommend, and the City Commission may J3 Prescribe, conditions or
safeguards restricting the square footage, orientation and location of the new
structures to be built on the resulting parcels.
Page 2 of 4
Ord. No. 31-21-2421
(c) The J3roJ3ert't' OONner, other than the City, shall e 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 application, applicants. other than the City, shall be required to submit a
proposed conceptual site plan 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) percent the size of the
building, 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
construction. The conceptual site plan shall be reviewed by the Planning Board
and approved by resolution of the City Commission under the provisions for
applications requiring a public hearing of Section 20-5.5.
(c) A certified tree survey overlaid directly upon the site plan, as required by Section
20-4.5. The tree survey must include the canopy measurements. Once an
application for a waiver of plat or tentative plat is filed, no tree may be removed a
FRoratori~FR is J3laeeet on tree removal until after final waiver of plat or final plat
approval is issued (Tree Removal Moratorium). The applicant may appeal to the
City Commission to waive the Tree Removal Moratorium for good cause.
Section 3. Corrections. Conforming language or technical scrivener-type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
ordinance.
Section 4. Codification. The provisions of this ordinance will become and be made part
of the City of South Miami Land Development Code as amended; that the sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 5. 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.
Page 3 of4
Ord. No. 31 -2 1 -2421
Section 6. Severability. If an y section, clause, sentence, or phrase of this ordinance is for
any reason held in va lid or unconstitutional by a court of competent jurisdiction, this holding will
not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance will become effective upon enactment.
PASSED AND ENACTED this 21 st day of December, 2021.
ATIEST:
CITYC~K 0'
1't Reading -12/7/21
2 nd Reading -12/21/21
,
\ CITY ATIORNEY
J
APPROVED:
COMMISSION VOTE:
Mayor Philips:
Commissioner Corey:
Commissioner Gil:
Commissioner Harris:
Commissioner Liebman:
Page 4 o f 4
5-0
Yea
Yea
Yea
Yea
Yea
City Commission Agenda Item Report
Meeting Date: December 21, 2021
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
Agenda Item No: 1.
An ordinance amending 20-4.2 to provide the City Commission with discretion regarding additional condition
and waiving certain provisions for City project. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Approval
Attach me nts:
RCover_Memo_re_LDC_20-4.2 (l).docx
Amending 20_ 4.2_Land_subdivision_regulations.docx
MH Ad.pdf
MDBR Ad.pdf
1
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
VIA: Shari Kamali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: December 21, 2021
SUBJECT:
An ordinance amending 20-4.2 to provide the City Commission with discretion regarding
additional condition and waiving certain provisions for City project.
BACKGROUND:
Section 20-4.2 of the Land Development (LDC) regulates the subdivision of property. It provides
the requirements for the lots created, information to be included in the application package, and
conditions of approval that the Commission shall impose.
ANALYSIS:
Recently, two situations have come to light that prompted staff to re-evaluate the provisions and
propose these amendments. In the first, the City owns three small lots known as the Marshall
Williamson property located between SW 60th Avenue, SW 64th Terrance, and SW 61 st Drive
Court. The parcel along SW 6pt Drive Court was created during an earlier platting effort and
conveyed subject to a restriction that limited the buildable area. The City wishes to see the three
lots get a unity of title, and to remove the current restriction. The code, however, requires a
concept plan and other details that won't be developed until the property is ready for
development. The proposed amendments will remove these requirements for City applications
and facilitate the future redevelopment.
The second situation involves the recently approved SoMi Parc residential project. The developer
has discovered a number of utility easements on the property that conflict with the approved
plans. Consequently, they wish to replat the property to remove those easements and create
ones that are compatible with the site plan. Section 20-4.2, however, requires the Commission
impose conditions regarding the preservation of specimen trees. Complying with that condition,
would require that a new site plan be created and approved by the Commission. To address this
problem, staff proposed making the tree preservation an optional condition, instead of a
mandate.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
2
Amendment re LOC 20-4.2
December 7,2021
Page 2 of 2
PLANNING BOARD RECOMMENDATION:
After a public hearing on November 9, 2021 a motion to approve the proposed ordinance with
a clarifying amendment to section 20-4.4(B)(4)(c) resulted in a tie vote, three ayes and three nays.
Pursuant to LDC Section 20-6.1(B)(4)(a)(iii), a motion that results in a deadlock is transmitted to
the Commission with a "No Comment" recommendation. The Board's discussion focused largely
on their interest in preserving specimen trees and the believe that City applications should
adhere to the same requirements as applications submitted by private parties.
Attachments:
• Draft Ordinance
3
USE NEIG HBORS I
TALL SHIP
One Ocean Expedition research
ship makes first U.S. stop in Miami
II" CAR I.I TE PR OH'
ruprlJ//@mi"mUlmlld.wm
}\ Nomegian ta il ship
sai led its way into Down-
town Miami o n Tuesd ay -
making the Magic City its
fi rs t United Stales stop
a lo ng a 20-010nt h globa l
research mission.
"We a re very plea sed
that it is making Miam i it s
fi rst port of call in the
Uni te d States," sa id Hild e
Jan ne Skorpen, Roya l
Norwegian Consulate
General in Ho usto n, after
the ship a rri ved. "Partic-
ularly because [in I No ..... vay
a nd Miami we arc li vin g of
:lIld by the ocean and a
cleaner ocean is vital 10
our future_"
T he 107-year-old Stat s-
raad Lehmkuh l pulled into
the Maurice A_ Ferre bo at
slip -which is nca r the
}--rx Arena -just before
12:30 p_m . The "fl oating
un iversity" remained th ere
t h rough Thu rsda~' -be-
fore subsequentl y makin g
it s way to New Yo rk_ It was
not ope n for tours, a l-
t hough it could be see n
from Maurice A. Ferre
Park, 1075 Biscayne Blvd.
The 20 -m ont h voy age-
dubbed One Ocean
Ex ped iton -is part of the
U.N. De ca de of Ocean
Sc ie nce for Susta in able
Deve lopment . Throughout
the voyage o ce an re se:lrch-
ers, students and tr a inees
CITY OF SOUTH AU Ull. FLOR IDA
CITY COMMISS IDN
NOT ICE Of PUB lIC HEAR IN GS
will collect data o n topic s
in cluding Co2 levels, m icro
plastics, ocea n temper-
:lIure s a nd acidification.
The journ ey kicked off in
August in Are ndal, Norway,
:lnd will vis it 30 po rt s
around t he g lo be.
"On The O ne Ocea n
Ex pediti o n , St:lt sra ad
Le hmkuhl se rve s as a noat-
ing uni versity and train in g
vesse l combined, bringing
students, sc ienti sts, trai-
nees and profe ss ionals
togethe r on d iffe rent le gs,"
according to it s webs it e.
Mo st recently, the s hip
wa s in Na ssau, Bah amas.
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seri e s of di scuss io ns about
policy, int ernat io nal coop-
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SUNDAY DE(EMBER 12 lOl l
Th e Norwegian taU ship, Sta t sraad Le h mk u h l, docked at t he Maurice A. Ferre b oa t slip
near FTX Arena in Miami, Florida, on T ue sday, Dec. 7, 2021. The l 07-yea r -o ld shi p is on a
20-month voyage -dubbed One Ocean E)(ped i l ion -as a part of the UN. Decade of
Ocean Science for Sus ta i nable Deve lopment.
itime indus try , s usta ina bi l-
ityand tec hn o logy.
"What we afe hopi ng is
that thi s wi ll be the start of
very clo se cooperation
between ma ritime re-
search in stituti on s and
uni ve rsities betwee n No r-
way and th e state of Flor-
ida , and ~'lialT1 i in p:lrlic-
ula r ," Skorpen s a id.
Miami H()'{Ild pll%-
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j Ollrll(lli s/ Dalliel A. Varela
cOI rl ributl!d 10 IIri s report.
Cal'liTt![ll'(JfJ:
305-376-3587, @cl eproff
V ILLAGE OF PINEC REST
Pub li c N o tic e
On Tve$doy, Jonu o 'Y II, 2022, 01 7:00 p .m , Ih e Vi))"ge C"unci) will c"nduct the follCIWin g Public
Hea ring 10 be he ld a t th e Pinecrest Munic ipol Cente r. Council Chombe" 12645 Pinecres t Par kway.
PinecrO II, Flarido to coMlder Ihe lollowing .
Healing #2022-0111-1. Kendall Import., llC [Ap pl,cant) is ,eque,~ng the Village Council', final
determinatio n 01 orchilecturol ha'mo ny a nd opprOY1JI 01 Ihei' ,equell 10 in lern"lIy il luminale the exislin g
entranee polloi allhe I,ont of th e Kendall 1ayoto Au tomobI le Deol~rlhip, locoted 01 109.13 Pince,,,,t
I'or kway, Aorida, wilhin the BU·IA Genera l 5u,ineu Deve lopment. and 5lJ.2. Sped,,) BU1,nen
Development Zoning District..
All intere,'ed por tie. m e ur ged to pm tidpate Objec!ioM or e~preuian, 01 a pproval may be made
in penon at the hearing 0' hied in w,iting p,ia' I" 0 ' 01 Ihe hearing. Inte'e !led pu,tle$ '''quesling
Information a re asked 10 conrad the Bu ildi ng o nd Planning Depor tme nl by ,,,lIln g 305.23 .1 .2121. vi a
!HIloil a t plonmngQ pmeae,H1 .gov 0' wr it ing 10 Ihe deporlmen l 0 1 12645 Pine cre,t Porkway. Pin ecrest,
florida 33156. Refor 10 lhe Hearing Numbo' whon ma~ing a n inquiry .
In a ccordance wiTh the Arnerleon. will. Disa bili lle s Act 011 990, all person, wh o 010 disabled ond who
need spcci(J1 accommoda tions to par llcipoID in this meellng beCaUle of rhat disability shou ld contact
Ihe Villag e Cler k 01 305.2 34.2121 no t lOlor than seve n bus ;"" .. days prio, I" such p,ocoed'ng.
Should a ny pe rso n deckle 10 appeal any deciSIon 01 Ihe ViU"ge Councrl wilh rOlpect 10 any mane'
conlide,ed a t such ",eehng or heanng. IhOI pO'$On w,1I need 0 recOld of th e p'oceedinos and. for such
pUlpose. moy noed to e nsu'e Ihol a ve,balTm 'ecor d 01 th o p,oceeding' is modo. whi ch IOcord indudol
rhe lo,timony and evi dence upon which the app eal i"a be bo.e d (F ,S . 28601 0 51 .
w _w.pi"e .... "·A·9 .. v
P"'ClII" III'''''. CMC
AeM U Viltnllc (Iel k
8
MIAMI DAILY BUSINESS REVIEW
Published Oaily uxcept Saturday, SLndDy lind
Legal HoIiCayI;
MI8tT\~ M Ulnu-O:.de County, FIoodIl
STATE OF FLORI DA
COU NTY OF MIAMI·D A CE:
Belo re the undersigned au thority personalty appeo red
GUILLERMO GARC IA. who on oa th says thaI he or she Is the
DIRECTOR OF OPERATIO NS . Legal Notices 01 the Miami Da ily
Busino SB Rovlew Uk/a Miami Review, 1I dolly (exce pt
Saturday . Sunday Dnd legal Holidays) nowspaper ,
published at Miami in Mlami·Dade County, Florida ; thol tho
attach&<:! copy of advertisement, being a legol Advertisemen t
of Notice in the matter of
CITY OF SOUTH MIAMI. PUBLIC HEARINGS· DEC 21 ,2021
In th o XXXX Court,
wa s ptJblished in said newspaper i n the issues of
12/1012021
Affia nt further says that the said Miami Da lly Business
Re view Is D newspaper published at Miami, In said Mlaml-Cade
County, Florido and thaI the said newspaper has heretofore
been conUnuously publish ed In said Miaml·Dad o Cou nty , Florida
each day (excep t Saturday, Sunday and legal Holidays) and
has boon enlered as second dass ma il mo ltor at Ule post
offICe In Miami in said Mlami·Dad e County , Florida , lo r a period
of one year next preced ing the first publication of the attached
copy 0 1 advertis ement; and ilffrant further says that he at she
has na ith er paid nor promised any person, firm or corpora ti on
any discount, rebate , commission or refund l or the purpose 01
securing th is advertisement lor pub lico tlon In the said
MAR IA L ..... ::5 ...
t-lo~ry Public · State of r'{or l da
ComrniS1!o.,:: GG (jS6~67
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the ety of South Miami to function and
conduct vital business during the COVlO 19 pandemk: and. at the same
lime, to protect the health. safety and welfare of its citizens. offCt'!JS,
officials and administrative staff . and p ursuant Ci ty of So uth Miami Code .
Chopter 286.0 11. Fla. Stat, the Clty'S Homo Rulo Powers, and City
MQMgef's decl aration of a state 01 emergency due to th e Coronavirus, the
City will be hold ing its City Commission Mooting live in chambers and
VIATIJAU. Y through communications media technology (CM n until the
state of emergency has ended or social distancing is no longer requ ired by
any relevant Executive Orders. Al l Commission members will participate in
Chamben: or by video confenn:iog through the Zoom p1atfonn and members of
tho public may join the meeting via Zoom .1 (blIps;l./Z<NlD cusrJ!ltO~5_t;J;3~
and participate. At a minimum. at least three members of the City CommIsslon
WIll be pttysJcaUy present in the City Commisslon Chambols 1 and they will
be broadCaSt on the Zoom platform along with all other members of the
Commission. City Staff and lhe public who may attend remolely from the
Commission Chambers and from other locatfons.
The meel>1g b __ ID beg01 on TUO>!IBJ, Docembe< 21. "'l.~J'.!!lo.
to consider the following public hoaring hem(s):
An ordinance amendfng 20-4.2 10 provido lhe City Commission with
discretion regarDing additional condition and wnMng cerlain provisions for
City prolecL
If you desire to present evidence or you are unable to usa Zoom, there are
procedures to follow and other options available: inctuding D docIicated phone line
10 Usten and participate In th o meeting and limited public attendance,
all of which Is se t forth In the mee ting notice posted at City Hall and at
htlR:l/www .so_utbmialJllll . .99vI5BO/Pub~ • .MeetrQgs·tiotrces. Anyon e who
wishes to review pend ing appl ica tion, supporting documentation or who
desire to have documents made available for viewing by everyone during
the meeting must contact th e City Clom by calhng 305-663-6340.
10
· .
Nole that pursuant to Aorida StattJles 286.0105. a per.ioOO who decides to
___ , OIlY deolslon made b). a.Board. ~ CclnlmISsiOrl wrt. ~
any matter considered at its meeUng or hearing, a racoro of the proceedings will
be roqulred for said appoaJ and such person wiD be mquired 10 have a verbatim
transcript of th e proceedings including the leslimony and evid ence upon
which the appeal Is to be based.
MJA:. To request a modifICation to a policy. pmctice or procedure or to
reques1 an auxiliary aide or scMce In order to participate rn a CIty program .
activity or event, you must on Of' bofore 4:00 p.m. 3 business days before
t he mee tIng (nol counting the cUly of the meeting) deliver your request to
the City Clerlt by telephone: 305-863--6340. by mall at 6130 Sunset Drive,
South Miami. Aorida or email at npayncOsouthmiamifLgov.
Nkenga A. Payne, CMC, FCRM
City Clerk
1 The minImum standards for adopting a resolUtion or enacting M ordinance
are set forth In 156.041(41 ••• A rI13jority of the membeIs of tile gowmIng body
shaI constitute a quorum. An affirmatIVe vote of a maJoritY of 8 quorum present
is necessary to enact ntlY ordinance or adopt any resolution .•••
121,0 2 1·6110000567431M
11