01-09-07 Item 10L
South Miami
NI- AmericaChy
CITY OF SOUTH MIAMI 1 I it
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Sanford A. Youkilis, Acting Planning Director
Date: December 19, 2006 ITEM No /0.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 OF
THE LAND DEVELOPMENT CODE RELATING TO UNITY OF TITLE;
CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION
OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU
OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE. `
Background:
Section 20 -5.16 of the Land Development Code, requires a Unity of Title when a proposed development
project is to be built on two or more platted lots.
The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed
by and between a property owner and the City of South Miami, whereby the property owner for specified
consideration by the City agrees that the lots and/or parcels of land constituting the building site shall not
be conveyed, mortgaged and /or leased separate and apart from each other and they shall be held together
as one tract."
The proposed amendment to this Section 20 -5.16 simply allows the City to accept a "Declaration of
Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and
platted lots.
A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments
utilized by municipalities to implement land use controls on property. Where a Unity of Title generally
requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the
parcels separately a Declaration of Restrictions in lieu of a Unity of Title essentially provides the City a
better mechanism for imposing additional restrictions.
Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the
land and limit the future use of the property. Deed restrictions may impose a variety of limitations and
conditions, for example, they may limit the density or dictate the type of structure that can be erected, or
prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows
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for Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a
development project on two or more abutting platted lots.
Planning Board Action:
The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4
ayes 2 nays recommending denial of the proposed amendment.
Recommendation:
It is recommended that the draft ordinance be adopted on first reading.
Backup Documentation:
Ordinance
Public notices
LF /SAY
P: \Comm Items\2006 \12- 19- 06 \PB -06 -036 LDC Amend Unity 20 -5.16 CM Report.doc
1
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION
5 20 -5.16 OF THE LAND DEVELOPMENT CODE RELATING TO
6 UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO
7 PROVIDE FOR THE OPTION OF USING A DECLARATION OF
8 RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE;
9 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
10 AND AN EFFECTIVE DATE.
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami desire
13 to promote, protect and improve the health, safety and welfare of the residents and
14 businesses of, and visitors to, the City of South Miami by enhancing the provisions of the
15 city's land development code by providing additional options, which options would
16 facilitate the growing trend of mixed use development; and,
17
18 WHEREAS, the city's Land Development Code provides enhanced regulation of
19 building construction and regulation within the city; and,
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21 WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city
22 only allowed certain developments if the property was tied to a "unity of title ", and,
23
24 WHEREAS, A Unity of Title is a written agreement executed by and between a
25 property owner and the city, whereby the property owner for a specified consideration by
26 the city agrees that the lots constituting a building site shall not be conveyed, mortgaged
27 and/or leased separate and apart from each other, and that they shall be held together as
28 one tract; and,
29
30 WHEREAS, it is in the best interests of the city, and consistent with mixed use
31 development trends, to provide the city with the option of requiring a declaration of
32 restriction in lieu of unity of title, rather than sole dy the option of a unity of title for
33 development; and,
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35 WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would
36 provide the same safeguards, provided however, there project could be developed with
37 multiple ownership, rather than a single individual; and,
38
39 WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
40 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's
41 Land Development Code by providing options to the city, its residents and its businesses
Additions shown by underlines and deletions shown by ever-st-r-iking.
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by providing alternative mechanisms for achieving the site plan protection the city
desires; and,
WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public
hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed
amendments; and,
WHEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, of
the Land Development Code to provide for either a unity of title or a declaration of
restrictions in lieu of a unity of title for developments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -5.16 is amended to reads as follows:
20 -5.16 Unity of title submittal procedures.
Either a A —Unity of Title, as defined in section 20 -2.3, or a Declaration of
Restrictive Covenants in Lieu of Unity of Title shall be required as specified
below and shall be a prerequisite to the issuance of a building permit.
(aA) Required. A The Unity of Title or a Declaration of Restrictive Covenants in Lieu
of Unity of Title shall be required in the following cases:
1. Whenever the building site consists of more than one lot or parcel
and the main building is located on one lot or parcel and auxiliary or
accessory use buildings are located on the remaining lot or parcel
comprising the building site.
2. Whenever the building site consists of more than one lot or parcel
and the main building is located on one or more of the lots or parcels
and the remaining lots or parcels encompassing the building site are
required to meet the minimum zoning requirements.
3. Whenever a Unity of Title is required by a provision within this
Code or is specifically required by an ordinance or resolution passed
and adopted by the City Commission.
(13B) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of
Title shall be submitted to the Planning and Zoning Department.
Additions shown by underlining and deletions shown by everstfiking.
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1 (eC) Approval. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of
2 Title shall be subject to approval by the City Attorney as to form and content.
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4 (dD) Recording. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of
5 Title shall be recorded in the Public Records of Miami -Dade County and shall run with
6 the land and Shall be binding upon the property owner, his/her successors and assigns.
7 The owner shall pay the fee as required for recording a Unity of Title or a Declaration of
8 Restrictions in Lieu of Unity of Title in the Public Records of Miami -Dade County.
9
10 (eE) Release. Any Unity of Title or any Declaration of Restrictions in Lieu of
11 Unity of Title required by this section shall not be released except upon approval by
12 resolution passed and adopted by the City Commission, after a public hearing, and
13 executed by the City Manager and the City Clerk. The release of the Unity of Title or the
14 Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the
15 conditions and /or criteria which originally required the execution of the subject Unity of
16 Title.
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(F) Required
provisions to be included in the Declaration of Restrictions in Lieu of
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Unity of Title.
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The site or property shall be developed in substantial compliance
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with the site plan or development order approved by the City
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Commission. No modification shall be effected in said site plan
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without the written consent of the then owner(s) of the Propelly, and
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the submittal of an application to modify the plan or covenant at
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public hearing before the City Commission.
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2.
If the Pro eeM is developed in phases, each phase will be developed
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in substantial accordance with the site plan.
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3.
In the event of multiple ownership subsequent to said site plan
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approval, each of the subsequent owners, mortgagees and other
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parties in interest shall be bound by the terms, provisions and
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conditions of this instrument. Owner further agrees that it will not
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convey portions of the Property to such other parties unless and until
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the Owner and such other arty or parties shall have executed and
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mutually delivered in recordable form, and instrument to be known
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as an 'Basement and Operating Agreement" which shall contain,
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among other things:
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(i) easements in the common area of each parcel for ingress to
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and egress from other parcels;
Additions shown by underlining and deletions shown by o king.
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1 (ii) easements in the common area of each parcel for the passage
2 and parking of vehicles;
3 (iii) easements in the common area of each parcel for the passage
4 and accommodation of pedestrians;
5 (iv) easements for access roads across the common area of each
6 parcel to private roadways;
7 (v) easements for the installation, use, operation, maintenance,
8 repair, replacement, relocation and removal of utility facilities
9 in areas in each such parcel;
10 (vi) easements on each such parcel for construction of buildings
11 and improvements in favor of each such other parcel;
12 (vii) easements upon each such parcel in favor of each adjoining
13 parcel for the installation, use, maintenance, repair,
14 replacement and removal of common construction
15 improvements such as footings, supports and foundations;
16 (viii) easements on each parcel for attachment of buildings;
17 (ix) easements on each such parcel for building overhangs, other
18 overhangs and projections encroaching upon such parcel from
19 adjoining parcel such as, by of example, marquees,
20 canopies, lights, g_hting devices, awnings, wing walls and
21 the like;
22 (x) appropriate reservation of rights grant easements to utility
23 com anies;
24 (xi) easements in favor of each such parcel for pedestrian and
25 vehicular traffic over dedicated private ring roads and access
26 roads; and
27 (xii) appropriate agreements between the owners of the several
28 parcels as to the obligation to maintain and repair all rip vate
29 roadways., parking facilities, common areas and the like.
30 (xiii) Appropriate agreements to ensure that the property owners
31 are bound by any existing and enforceable declarations of
32 restrictions tied to the underlying
Additions shown by underlining and deletions shown by ever-striking.
I The easement provisions or portions thereof mazy be waived by the City Attorney, if they
2 are not applicable to the subject application. When executed, the Easement and Operating
3 Agreement shall not be amended without the prior written approval of the City Attorney_
'4 Such Easement and Operating Agreement may contain such other provisions with respect
5 to the operation, maintenance and development of the Property as to which the parties
6 thereto may agree, all to the end that although the property may have several owners, it
7 will be constructed, conveyed, maintained and operated in accordance with the approved
8 site plan.
10 4. The provisions of the Declaration of Restrictions in Lieu of Unity of
11 Title instrument shall become effective upon their recordation in the
12 public records of Miami -Dade County, Florida, and shall continue in
13 effect for a period of thirty (30) years after the date of such
14 recordation, after which time they shall be extended automatically
15 for successive periods of ten (10) years each, unless released in
16 writing by the then owners of the Property and the City Commission,
17 upon the demonstration and affirmative finding that the same is no
18 longer necessary to preserve and protect the property for the
19 purposes herein intended.
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5. The provisions of this instrument may be amended or modified by a
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written instrument executed by the then Owner or Owners of the
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Property, with joinders by all mortgagees, if any. Should this
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Declaration of Restrictive Covenants be so amended, or modified,
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the City' Attorney, or his successor, shall forthwith execute a written
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instrument effectuating anal acknowledging such amendment or
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modification. The provisions of this instrument may be released by
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a written instrument executed by the then Owner or Owners of the
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Property, with joinders by all mortgagees, if any, after public
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hearing. Should this Declaration of Restrictive Covenants be so
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released, after public hearing and approval of the City Commission,
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the City Attorney, or his /her successor, shall forthwith execute a
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written instrument effectuating and acknowledging such release.
33 6. Enforcement shall be by action against any parties or persons
34 violating or attempting to violate any covenants. The prevailing
35 party to any action or suit pertaining to or arising out of this
36 Declaration shall be entitled to recover, in addition to costs and
37 disbursements, allowed by law, such sum as the Court may adjudge
38 to be reasonable for the services of his/her attorney. This
39 enforcement provision shall be in addition to any other remedies
40 available at law, in equity or both.
Additions shown by underlin, ing and deletions shown by ^°°r�iking.
r
1 7. Invalidation of any of the covenants identified in this section 20-
2 5.16(F), by judgment of Court shall not affect any of the other
3 provisions, which shall remain in full force and effect.
4 8. All rights, remedies and privileges granted pursuant to the
5 Declaration of Restrictions in Lieu of Unity of Title shall be deemed
6 to be cumulative and the exercise of any one or more shall neither be
7 deemed to constitute an election of remedies, nor shall it preclude
8 the party exercising the same from exercising such other additional
9 rights, remedies or privileges.
10 9. In the event of a violation of this Declaration, in addition to any
11 other remedies available, the City of South Miami is hereby
12 authorized to withhold any future permits, and refuse to make any
13 inspections or agr nt any approval, until such time as the Declaration
14 of Restrictive Covenants in Lieu of Unity of Title are complied with.
15 10. The Declaration shall be recorded in the public records of Miami -
16 Dade County at the Owner's ex ep nse.
17
18 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
19 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
20 shall not affect the validity of the remaining portions of this ordinance.
21
22 Section 3. All ordinances or parts of ordinances in conflict with the provisions
23 of this ordinance are repealed.
24
25 Section 4. This ordinance shall be codified and included in the Land
26 Development Code.
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28 Section 5. This ordinance shall take effect immediately upon enactment.
29
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31 PASSED AND ADOPTED this day of November, 2006.
32
33 ATTEST: APPROVED:
34
35 _
36 CITY CLERK MAYOR
37
38 1St Reading —
39 2nd Reading
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COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Luis R. Figueredo, Commissioner Palmer:
Nagin Gallop Figueredo, P.A. Commissioner Beckman:
Office of City Attorney
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Nothing goes better with breakfast
than The Miami Herald, delivered.
=800-" 1 -0] I I
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, January 9, 2007, beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, the
City Commission will hold Public Hearings to consider the
following items:
AN ORDINANCE RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL
REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL
TERM; WITH AN AW ;Qv IG ill S' . A ;E .4 AN OPTION TO RENEW FOR AN
ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE
FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES.
AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1DA -45 OF
THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT
WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR
EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF-
WAY AND TO AMEND THE PERMITTING PROCESS; SO AS TO ENSURE PROPER
REVIEWAND DRAINAGE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDINGI
SECTION 20 -5.16 RELATING TO UNITY' OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION. OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE
ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW
74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FCR PROPERTY GENERALLY LOCATED AT 5966 -70
SOUTH DIXIE HIGHWAY.
A RESOLUTION RELATING TO A REQUEST FOR THREE VARIANCES FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW
THE CONSTRUCTION OF A TWO STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE
VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF
6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60
FEET IS REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR "SIDE YARD
SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS
REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE FOOTAGE OF THE
SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100 %) AS THE FIRST
FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TO 60% OF THE FIRST FLOOR SQUARE FOOTAGE.
A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION
20- 3,5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE
CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 00616 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES
WHEREA MINIMUM OF 25FEET IS REQUIRED.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D)
OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
LOCATE AN ANIMAL HOSPITAL FACILITY IN THE "GR" GENERAL RETAIL
ZONING USE DISTRICT SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY.
Above items can be inspected in the City Clerk's Office, Monday -. Friday during regular
office hours. If you have any inquiries on the above items please contact the City Clerk's
office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission with
respect to any matter considered at its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose, affected person may need to ensure that
a verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.
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"How about some crosswords
with your croissant ?"
Nothing goes better with breakfast
than The Miami Herald, delivered.
1- 800 - 441 -0444
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, January 9, 2007, beginning at 7:30 p.m., in
the City. Commission Chambers, 6130 Sunset Drive, the
City Commission will hold Public Hearings to consider the
following items:
AN ORDINANCE RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL
REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL
TERM, WITH N " "T^ " ""T'n R&&WAi ;9RM "N OPTION TO RENEW FOR AN
ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE
FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES.
AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1 DA -45 OF
THE CITY's CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT
WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR
EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF-
WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER
REVIEWAND DRAINAGE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION. OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OFTITLE.
A RESOLUTION FOR SPECIAL EXCEPTIONS FORA MIXED USE DEVELOPMENT
PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE
ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW
74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FGR PROPERTY GENERALLY LOCATED AT 5966 -70
SOUTH DIXIE HIGHWAY.
A RESOLUTION RELATING TO A REQUEST FOR THREE VARIANCES FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW
THE CONSTRUCTION OF A TWO STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE
VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF
6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60
FEET IS REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD
SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS
REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE FOOTAGE OF THE
SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100 %) AS THE FIRST .
FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TO 60% OF THE FIRST FLOOR SQUARE FOOTAGE.
A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION
20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE
CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 6016 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES
WHERE A MINIMUM OF 25.FEET IS REQUIRED.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D)
OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
LOCATE AN ANIMAL HOSPITAL FACILITY IN THE "GR" GENERAL RETAIL
ZONING USE DISTRICT SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY.
Above items can be inspected in the City Clerk's Office, Monday . Friday during regular
office hours. If you have any inquiries on the above items please contact the City Clerk's
office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a
person decides to appeal any decision made by this Board, Agency or Commission with
respect to any matter considered at its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose, affected person may need to ensure that
a verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based