01-23-07 Item 5South Miami
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CITY OF SOUTH MIAMI 11111.1
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: Julian Perez, Planning Direct wow
Date: January 23, 2007 ITEM No. 1116 —
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.
Backup Documentation:
Proposed Ordinance
Planning Board Meeting Minutes Excerpt 11 -29 -06
Public notices
J P /SAY
P: \Comm Items\2007 \1- 23- 07 \PB -06 -036 LDC Amend Unity 20 -5.16 CM Report.doc
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ORDINANCE NO.
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.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the provisions of the
city's land development code by providing additional options, which options would
facilitate the growing trend of mixed use development; and,
WHEREAS, the city's Land Development Code provides enhanced regulation of
building construction and regulation within the city; and,
WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city
only allowed certain developments if the property was tied to a "unity of title ", and,
WHEREAS, A Unity of Title is a written agreement executed by and between a
property owner and the city, whereby the property owner for a specified consideration by
the city agrees that the lots constituting a building site shall not be conveyed, mortgaged
and /or leased separate and apart from each other, and that they shall be held together as
one tract; and,
WHEREAS, it is in the best interests of the city, and consistent with mixed use
development trends, to provide the city with the option of requiring a declaration of
restriction in lieu of unity of title, rather than solely the option of a unity of title for
development; and,
WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would
provide the same safeguards, provided however, there project could be developed with
multiple ownership, rather than a single individual; and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's
Land Development Code by providing options to the city, its residents and its businesses
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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.
(bB) 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.
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1 (sC) 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.
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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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18 (F) Required provisions to be included in the Declaration of Restrictions in Lieu of
19 Unity of Title.
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21 1. The site or property shall be developed in substantial compliance
22 with the site plan or development order approved by the City
23 Commission. No modification shall be effected in said site plan
24 without the written consent of the then owner(s) of the Prope , , and
25 the submittal of an application to modify the plan or covenant at
26 public hearing before the City Commission.
27 2. If the Property is developed in phases, each phase will be developed
28 in substantial accordance with the site plan.
29 3. In the event of multiple ownership subsequent to said site plan
30 approval, each of the subsequent owners, mortgagees and other
31 parties in interest shall be bound by the terms, provisions and
32 conditions of this instrument. Owner further agrees that it will not
33 convey portions of the Prope -rty to such other parties unless and until
34 the Owner and such other pggy or parties shall have executed and
35 mutually delivered in recordable form, and instrument to be known
36 as an "Easement and Operating Agreement" which shall contain,
37 among other things:
38 (i) easements in the common area of each parcel for ingress ss to
39 and egress from other ap rcels;
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(ii)
easements in the common area of each parcel for the passage
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and parking of vehicles;
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(iii)
easements in the common area of each parcel for the passage
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and accommodation of pedestrians;
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(iv)
easements for access roads across the common area of each
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parcel to private roadways;
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(v)
easements for the installation, use, operation, maintenance,
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repair, replacement, relocation and removal of utility facilities
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in areas in each such parcel;
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(vi)
easements on each such parcel for construction of buildings
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and improvements in favor of each such other parcel;
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(vii)
easements upon each such parcel in favor of each adjoining
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parcel for the installation, use, maintenance, repair,
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replacement and removal of common construction
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improvements such as footings, supports and foundations;
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(viii)
easements on each parcel for attachment of buildings;
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(ix)
easements on each such parcel for building overhangs, other
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overhangs and projections encroaching upon such parcel from
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adjoining parcel such as, by way of example, marquees,
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canopies, lights, lighting devices, awnings, wing walls and
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the like;
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(x)
appropriate reservation of rights to grant easements to utility
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companies;
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(xi)
easements in favor of each such parcel for pedestrian and
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vehicular traffic over dedicated private ring roads and access
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roads; and
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(xii)
appropriate agreements between the owners of the several
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parcels as to the obli�,ation to maintain and repair all private
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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 properties.
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The easement ,provisions or portions thereof may be waived by the City Attorney, if he
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are not applicable to the subject application. When executed, the Easement and Operating
Agreement shall not be amended without the prior written approval of the City Attorney_
Such Easement and Operating Agreement mayontain such other provisions with respect
to the operation, maintenance and development of the Property as to which the parties
thereto may agree, all to the end that although the property may have several owners, it
will be constructed, conveyed, maintained and operated in accordance with the approved
site plan.
4. The provisions of the Declaration of Restrictions in Lieu of Unity of
Title instrument shall become effective upon their recordation in the
public records of Miami -Dade County, Florida, and shall continue in
effect for a period of thirty (30) years after the date of such
recordation, after which time they shall be extended automatically
for successive periods of ten (e 10) years each, unless released in
writing by the then owners of the Property and the City Commission,
upon the demonstration and affirmative finding that the same is no
longer necessary to preserve and protect the property for the
purposes herein intended.
5. The provisions of this instrument may be amended or modified by a
written instrument executed by the then Owner or Owners of the
Property, with joinders by all mortgagees, if any. Should this
Declaration of Restrictive Covenants be so amended, or modified,
the City Attorney, or his successor, shall forthwith execute a written
instrument effectuating and acknowledging such amendment or
modification. The provisions of this instrument may be released by
a written instrument executed by the then Owner or Owners of the
Property, with joinders by all mortgagees, if any, after public
hearing. Should this Declaration of Restrictive Covenants be so
released, after public hearin€; and approval of the City Commission,
the City Attorney, or his /her successor, shall forthwith execute a
written instrument effectuating and acknowledging such release.
6. Enforcement shall be by action against any parties or persons
violating or attempting to violate any covenants. The prevailing
party to any action or suit pertaining to or arising out of this
Declaration shall be entitled to recover, in addition to costs and
disbursements, allowed by such sum as the Court may adjudge
to be reasonable for the services of his/her attorney. This
enforcement provision shall be in addition to any other remedies
available at law, in equity or both.
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Invalidation of anv of the covenants identified in this section 20-
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5.16(F), by judgment of Court shall not affect an_y of the other
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provisions, which shall remain in full force and effect.
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All rights, remedies and privileges granted pursuant to the
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Declaration of Restrictions in Lieu of Unity of Title shall be deemed
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to be cumulative and the exercise of any one or more shall neither be
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deemed to constitute an election of remedies, nor shall it preclude
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the party exercising the same from exercising such other additional
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rights, remedies or privileges_
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In the event of a violation of this Declaration, in addition to anv
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other remedies available, the City of South Miami is hereby
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authorized to withhold anv future permits, and refuse to make any
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inspections or rag�nt anapproval, until such time as the Declaration
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of Restrictive Covenants in Lieu of Unity of Title are complied with.
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The Declaration shall be recorded in the public records of Miami -
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Dade County at the Owner's expense.
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Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Land
Development Code.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this
ATTEST:
day of , 2007
APPROVED:
CITY CLERK MAYOR
1 st Reading —
2" d Reading —
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Feliu:
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Vice Mayor Wiscombe:
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Commissioner Birts:
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Luis R. Figueredo,
Commissioner Palmer:
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Nagin Gallop Figueredo, P.A.
Commissioner Beckman:
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Office of City Attorney
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INCORPORATES
1927
0Rj4
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Wednesday, November 29, 2.006
City Commission Chambers
'x:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chair, requested a roll calla -
Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis,
Ms. Lahiff, Ms. Young and Mr. Farfan.
Board members absent: Ms. Yates
City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Eve Boutsis
(City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning
Board Secretary).
III. Planning Board Applications / Public Hearing
(E)PB -06 -036
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, 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 OF
TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
Action: Mr. Farfan read the ordinance into the record. The City Attorney Eve Boutsis
provided a background summary on the proposed ordinance. Ms. Boutsis indicated that
presently 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. However, Ms.
Boutsis stated that making the change to allow developers to forma joint venture would
Planning Board Meeting
November 29, 2006
Pa e 2 rip)
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benefit the city because it would allow South Miami to impose more demands.
Additionally, this ordinance is in the best interests of the City and consistent with mixed
use development trends. It will provide the city with the option of requiring a declaration
of restriction in lieu of unity of title, rather than solely the option of unity of title for
development. Furthermore, she noted that the use of declaration of restrictions in lieu of
unity of title would provide the same safeguards, and will allow for a project to be
developed with multiple ownership, rather than a single individual.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Kathy McCann Opposed
Ms. McCann indicated she did not see the advantage of the City using the "declaration of
restrictions in lieu of the declaration of restrictions.
Dean Whitman Opposed
Mr. Whitman expressed his concern of the proposed ordinance and stated that the change
was not needed but seem to him dangerous to get into.
Chris Cooke - Yarborough Neutral
Mr. Yarborough first expressed his concern for why was the proposed ordinance drafted in
the first place. Secondly, he noted his skepticism about the ordinance because the current
unity of title works fine, therefore, if the ordinance is not faulty then why should it be
changed. However, he urged the Board to review thoroughly the ordinance and determine
if indeed it was in the City's best interest.
Beth Schwartz Opposed
Ms. Schwartz re- iterated Mr. Whitman concern about the ordinance and urged the Board to
not support the ordinance because it is a dangerous change for the City. To conclude she
noted that the proposed ordinance is not a good idea.
Chairman Morton closed the public hearing.
Motion: Ms. Young made a motion recommending denial of the proposed ordinance. Ms..
Beckman seconded the motion.
Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan)
K:\PB\PB Minutes\2006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 036.doc
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� 7
C OURTESY NOTICE
CITY OF.SOUTH`MIAMI,
FLORIDA`
On Tuesday, January 23 2007 beginning at i.-36 p.m., in the City Commission
�`
Chambers, Sunset Drive, the City Commission will hold Public Hearings to
• - ,�
.
-6130
consider the following Items:::: '. .�' "
AN ORDINANCE RELATING TO DRAINAGE, AMENDING SECTION 10A-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 -
y
OF -WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE
ORDINANC E RELATING TO CERTIFICATES OF OCCUPANCY AMENDING
SECTION 20-5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
JAN
20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF�
RESTRICTIVE l OVENANTS IN LIEU OF UNITY OF TITLE .11
AN ORDINANCE RELATING TO. -;THE LAND =DEVELOPMENT CODE;
AMENDING SECTIONS 20 -7.30 AND 20 -8.15 RELATING TO UNITY OF TITLE; ,
PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE
?
" COVENANTS 114 LIEU OF UNITY OF TITLE.
EQUEST FOR THREE VARIANCES OM
A RESOLUTION RELATING TO A R FR
i
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO
ALLOW THECONSTRUCTION OF .A TWO STORY SINGLE FAMILY HOME ON .
'PROPERTY LOCATED.AT 8350 SW ea AVENUE; SOUTH MIAMI, FLORIDA .
)
WITHIN THE "IIS=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 4798 SQUARE FEET WHERE AMINIMUM -;
#
LOT SIZE OF 6000 SQUARE FEET 1S REQUIRED AND 47 FEET OF,-
;: I
FRONTAGE WHERE 60 FEET IS REQUIRED; `(2),AVAItIANCE SO 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
y
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( OF THE LAND ;DEVELOPMENT CODE IN ORDER TO
ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON
i
,
PROPERTY LOCATED AT. 6016 SW 63 STREET, SOUTH: MIAMI, FLORIDA,
7
WITHIN THE "FIS -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 w --
A RESOLUTION RELATING TO THE ISSUANCE `OF A CERTIFICATE OF
APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
THE
_
DEVELOPMENT CODE FOR REPLACEMENT OF WINDOWS IN A SINGLE
FAMILY. RESIDENCE LOCATED' -AT:- -8250 MILLER ROAD' WITHIN THE
I
CAMBRIDGE LAWNS HISTORIC DISTRICT
Above
Items can be m d rin
speed, in the City Clerk s Office Monday Friday dug •
r
f
regular
office hours. „.
If
you have anyinquiries on the above items please contact the City Clerks office
at:
305- 663 - 6326. _ = -�s.
'
ALL
interested parties are Invited to attend -and will be heard
a' -Marla M. Menendez, CM C
a
City Clerk
Pursuant
to Florida Statutes 286.0105, the Cay hereby'edJfsea the - public that if person
- decides
to ap eat any decision made by this Board, Agency or Commission with respect to any
- -" matter
and
considered at its meeting or hearing, he or she wll need a record of the proem in a,
that for such purpose, affected person may' need to ensure that a verbatim record, of the
U
Pp roceedings
Is made which record includes the testimony and evidence upon which the appeal ..
s
to be based.
3
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