Ord No 03-24-2488ORDINANCE NO. 03-24-2488
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE IV "OTHER
REGULATIONS," SECTION 20-4.l(D) OF THE LAND
DEVELOPMENT CODE, TO ALLOW THE ISSUANCE OF A
BUILDING PERMIT PRIOR TO FINAL PLAT IN CERTAIN
CIRCUMSTANCES; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City of South Miami (the "City'') has adopted a Land Development Code
(the "LDC') to promote the health, safety, community acceptable standard of morals and general
welfare of the residents of the City of South Miami through the stated regulations of this LDC; and
WHEREAS, the City Commission finds it periodically necessary to amend the LDC in
order to update regulations and procedures to implement planning goals and objectives; and
WHEREAS, Section 20-4.2(0) of the LDC currently does not allow for the issuance of a
building permit prior to approval of a final plat; and
WHEREAS, because the platting process is lengthy and involves multiple jurisdictions,
many municipalities and Miami-Dade County (the "County") allow for issuance of building
permits prior to final plat in certain instances; and
WHEREAS, the City Commission desires to allow for the issuance of a building permit
prior to final plat and set out the conditions and limitations for such issuance; and
WHEREAS, on January 9, 2024, the Planning Board, sitting in its capacity as the Local
Planning Agency, reviewed this Ordinance and recommended approval; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City and approved it on first reading on January 16, 2024; and
WHEREAS, on February 6, 2024, the Mayor and City Commission conducted a duly
noticed public hearing as required by law and adopted this ordinance on second reading.
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Ord. No. 03-24-2488
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Article IV, Section 20-4.2ID} of the LDC, Article IV of the
LDC is hereby amended to read as follows:
ARTICLE IV. -OTHER REGULATIONS
Sec. 20-4.2 -Land subdivision regulations.
***
(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:
(2)
(a) Is part of a recorded subdivision plat or has received final 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;
Notwithstanding the limitations of Subsection (I} a building permit may be issued
for one or more lots or tracts identified as within an approved tentative plat prior to
final plat approval and recordation provided the owner meets all of the following:
la} Pays all actual or estimated permit and other applicable regulatory fees
associated with the improvements to the City prior to issuance of any building
permits: and
1 Coding: Sf:l.:ikethroaglt v10Fds are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in~-Changes between first and second reading
are indicated with Elewle stfilielluieugk and double underline. Modifications made at second reading are shaded in
ball¥M.
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Ord. No. 03-24-2488
(b) Posts a payment and performance bond or letter of credit redeemable by the
City in connection with the improvements required for final plat approval as
determined by Miami-Dade County and the City, such bond or letter of credit
to be satisfactory in form and substance to the City Manager and City Attorney;
and
{c} Acknowledges by written agreement submitted to the City, in form and
substance acceptable to the City Attorney, that Owner:
i. is proceeding at their own risk: and
ii. acknowledges and agrees that there will be no vested/property rights claim
or cause of action whatsoever arising or accruing by virtue of the issuance
of a building permit prior to final plat including but not limited to there
being no vested right to the permittee/subdivider to use or to complete
construction of the project within the boundaries of the plat; and
iii. agrees to indemnify, defend and hold harmless the City; and
iv. Agrees to construct all subdivision improvements required for final plat
approval as determined by Miami-Dade County and the City: and
v. Agrees to immediately cease all construction and relinquish any and all
rights to improvements constructed on the property in the event that the plat
is not recorded within the recordation period, in which case the City may
exercise the payment and performance bond or letter of credit; and
vi. Acknowledges that nothing in the agreement shall prejudice the City's right
to impose conditions on approval of the final plat which are required by
state, county, and/or City plat ordinances and zoning regulations or are
otherwise necessary to ensure the public health, safety and welfare of the
citizens of the City: and
vii. Waives all claims. including but not limited to any estoppel, vested rights,
or similar claim, challenging enforcement of the terms of the agreement by
reason of the City's issuance of building permits: and
vm. Acknowledges that a tempormy certificate of occupancy or a
certificate of occupancy shall not be issued, unless and until the
permittee/subdivider obtains final plat approval and the approved final plat
is recorded in the official records of Miami-Dade County, Florida within
the recordation period: and
ix. Acknowledges that the City reserves the right to evaluate all applications
for building permits for compliance with all existing laws, ordinances and
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Ord. No. 03-24-2488
regulations controlling the issuance of building permits for construction
within the City, and
x. Acknowledges that the date to obtain City final plat approval and
recordation of the plat in the official records of Miami-Dade County,
Florida, the 11 recordation period," is the same as the expiration date set forth
in the tentative plat agproval: and
x1. In the event that the permittee/subdivider does not record the plat by the
expiration of the recordation period, the permittee/subdivider agrees to
immediately cease all construction activities on the property and to
relinquish any and all rights to any improvements constructed thereon; or if
requested by the City, to forthwith remove the improvements within three
months of the expiration of the recordation period. The permittee/subdivider
agree the City shall not be held fmancially responsible to the
permittee/subdivider or any third parties in connection with any actions
taken in accordance herewith. The City will also be able to withdraw from
the payment and performance bond as necessary to complete the
subdivision improvements: and
xii. Agrees that oermittee/subdivider will be responsible for all costs of
enforcement of the terms of the agreement, including attorneys fees.
(~J.) Wherever there exists a single-family dwelling 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.
(~ Established building sites shall not be reduced in any manner to a size which is less
than required for the zoning district in which located.
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 for signature.
Section 4. 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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
\
Section 6. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
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Ord. No. 03-24-2488
Section 7.
adoption .
Effective Date. This Ordinance shall become effective immediately upon
PASSED on first reading on the 16th day of January. 2024.
PASSED AND ADOPTED on second reading on the 6th day of February. 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALI1Y AND
EXECUTIO N 1HEREOF
WEISS SEROT A HELFMAN COLE
&BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
M
COMM ISSION VOTE :
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey :
Pa ge 5 ofS
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: January 16, 2024
Submitted by: Daniela Cimo
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE IV “OTHER REGULATIONS,” SECTION 20-4.2(D) OF THE LAND DEVELOPMENT
CODE, TO ALLOW THE ISSUANCE OF A BUILDING PERMIT PRIOR TO FINAL PLAT IN CERTAIN
CIRCUMSTANCES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE. 3/5 (CITY ATTORNEY)
Suggested Action:
Attachments:
CA_Memo_Ord Re Building Permit Prior to Final Plat.
47Y7642-Ordinance_Amending_Plat_Regulations_to_Allow_Building_Permit_Prior_to_Final_Plat.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:January 16, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV
“OTHER REGULATIONS,” SECTION 20-4.2(D) OF THE LAND
DEVELOPMENT CODE, TO ALLOW THE ISSUANCE OF A
BUILDING PERMIT PRIOR TO FINAL PLAT IN CERTAIN
CIRCUMSTANCES; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN
EFFECTIVE DATE.
______________________________________________________________________________
The accompanying ordinance proposes to amend the subdivision regulations to enable issuance
of a building permit prior to final plat subject to specific conditions that include:
Payment of all actual or estimated fees including those associated with subdivision
improvements.
Posting a payment and performance bond or letter of credit redeemable by the City
in connection with the subdivision improvements (required for final plat approval as
determined by Miami-Dade County and the City)
Written agreement acknowledging that Owner:
is proceeding at their own risk
that no vested/property rights claim or cause of action arises because of the issuance
of a building permit prior to final plat, including but not limited to any right complete
construction of the project within the boundaries of the plat
indemnifies, defends, and holds the City harmless
will construct all subdivision improvements required for final plat approval as
determined by Miami-Dade County and the City
agrees to immediately cease all construction and relinquish any and all rights to
improvements constructed on the property in the event that the plat is not recorded
within the recordation period, in which case the City may exercise the payment and
performance bond or letter of credit
Acknowledges that nothing in the agreement shall prejudice the City's right to impose
conditions on approval of the final plat which are required by state, county, and/or
City plat ordinances and zoning regulations or are otherwise necessary to ensure the
public health, safety and welfare of the citizens of the City 2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
Waives all claims, including but not limited to any estoppel, vested rights, or similar
claim, challenging enforcement of the terms of the agreement by reason of the City’s
issuance of building permits; and
Acknowledges that no certificate of occupancy will be issued until final plat approval
and recording
Acknowledges that the City still has to review all applications for building permits for
compliance
In the event that the permittee/subdivider does not timely record the plat, the
permittee/subdivider agrees to immediately cease all construction activities on the
property and to relinquish any and all rights to any improvements constructed
thereon; or if requested by the City, to forthwith remove the improvements within
three months. The City will also be able to withdraw from the payment and
performance bond as necessary to complete the subdivision improvements.
Agrees that permittee/subdivider will be responsible for all costs of enforcement of
the terms of the agreement, including attorneys’ fees.
The above conditions are consistent with other jurisdictions that permit issuance of a building
permit prior to final plat such as Miami-Dade County and the City of Miami.
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