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02-20-07 Item 7South Miami NI- America City CITY OF SOUTH MIAMI 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 Date: January 23, 2007 ITEM No. 7 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 4 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 PAComm Items\2007 \1- 23- 07 \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, 20 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 fora 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 solely the option of a unity of title for 33 development; and, 34 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 underlining and deletions shown by ^<�°o o t i 2 1 by providing alternative mechanisms for achieving the site plan protection the city 2 desires; and, 3 4 WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public 5 hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed 6 amendments; and, 7 8 WHEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, of 9 the Land Development Code to provide for either a unity of title or a declaration of 10 restrictions in lieu of a unity of title for developments. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14 15 Section 1. Section 20 -5.16 is amended to reads as follows: 16 17 20 -5.16 Unity of title submittal procedures. 18 19 Either a A—Unity of Tittle, as defined in section 20 -2.3, or a Declaration of 20 Restrictive Covenants in Lieu of Unity of Title shall be required as specified 21 below and shall be a prerequisite to the issuance of a building permit. 22 23 (aA) Required. A_ The Unity of Title or a Declaration of Restrictive Covenants in Lieu 24 of Unity of Title shall be required in-the following cases: 25 26 1. Whenever the building site consists of more than one lot or parcel 27 and the main building is located on one lot or parcel and auxiliary or 28 accessory use buildings are located on the remaining lot or parcel 29 comprising the building site. 30 31 2. Whenever the building site consists of more than one lot or parcel 32 and the main building is located on one or more of the lots or parcels 33 and the remaining lots or parcels encompassing the building site are 34 required to meet the minimum zoning requirements. 35 36 3. Whenever a Unity of Title is required by a provision within this 37 Code or is specifically required by an ordinance or resolution passed 38 and adopted by the City Commission. 39 40 (bB) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Unity o 41 Title shall be submitted to the Planning and Zoning Department. 42 Additions shown by underlining and deletions shown by evefstr-iking. 3 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. 3 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. 17 18 (F) Required provisions to be included in the Declaration of Restrictions in Lieu.of 19 Unity of Title. 20 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 Property, 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 PropeKly 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 Property to such other parties unless and until 34 the Owner and such other party 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 thin s._ 38 (i) easements in the common area of each parcel for ingress to 39 and egress from other parcels; Additions shown by underlining and deletions shown by ever-strikiHg. n 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 appropriate areas in each such parcel; 10 (vi) easements on each such parcel for construction of buildings 11 and im rovernents in favor of each such other parcel; 12 (vii) easements upon each such parcel in favor of each adjoinin 13 rcel for the installation, use, maintenance, repair, 14 replacement and removal of common construction 15 improvements such as footings, upports 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 way of example, marquees, 20 canopies, lights, lighting devices, awnings, wing walls and 21 the like; 22 (x) appropriate reservation of rights to grant easements to utility 23 companies; 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 private 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 died to the underlying properties. Additions shown by underlining and deletions shown by ^� °r 1 The easement provisions or portions thereof may 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 Properly as to which the parties 6 thereto mayagree, 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 upop their recordation in the 12 public records of Miami -Dade County, Florida, and shall continue in 13 effect for a period of thiAy (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 ppon the demonstration and affirmative finding that the same is no 18 longer necessary W preserve and protect the property for the 19 purposes herein intended. 20 5. The provisions of this instrument may be amended or modified by 21 written instrument executed by the then Owner or Owners of the 22 Property, with joinders by all mortgagees, if any. Should this 23 Declaration of Restrictive Covenants be so amended, or modified, 24 the City Attorney, or his successor, shall forthwith execute a written 25 instrument effectuating and acknowledging such amendment or 26 modification. The provisions of this instrument may be released by 27 a written instrument executed by the then Owner or Owners of the 28 Property, with joinders by all mortgagees, if any, after public 29 hearing. Should this Declaration of Restrictive Covenants be so 30 released, after public hearing and approval of the City Commission, 31 the City Attorney, or his /her successor, shall forthwith execute a 32 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 part t� o M 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 underlining and deletions shown by ^v°r g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 6 7. Invalidation of any of the covenants identified in this section 20- 5.16(F), by_ 'u� dgme,nt of Court shall not affect any of the other provisions, which shall remain in full force and effect. 8. All rights, remedies and privileges granted pursuant to the Declaration of Restrictions in Lieu of Unity of Title shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the pgM exercising the same from exercising such other additional rights, remedies or privileges. 9: In the event of a violation of this Declaration, in addition to any other remedies available the City of South Miami is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval until such time as the Declaration of Restrictive Covenants in Lieu of Unity of Title are complied with. 10. The Declaration shall be recorded in the public records of Miami - Dade Coun1y at the Owner's expense. 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: CITY CLERK day, of '2007 IJV • � u_ � 1St Reading — 2nd Reading — Additions shown by underlining and deletions shown by ,,ve fm g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 7 READ AND APPROVED AS TO FOPA4: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by ever- ' C, O U Tel 11 � (Y N tU Y "'M • INCORPORATED 1927 p 9 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 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. H. Roll Call. Action: Mr. Morton, Chair, requested a roll call. ARC 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). M. 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 SEVERABIL[TY, 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 form a joint venture would Planning Board Meeting November 29, 2006 Page 2 of 2 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\PBMinutes\20Q6 Minutes\PB MINS 11 -29 -06 Excerpt 06- 036.doc 1VIOM-; ARE: WE THERE T YE:?" .And you thought they'd never, say that about school.. ; • vvw COURT CITY. OFF On Tuesday,-January 23, 2007,! Chambers�6130 Sunset Drive,th consider the following items: AN ORDINANCE RELATING TO THE CITY'S CODE IN ORDE STORMWATER DRAINAGE ON THAT WOULD RESULT IN CON' EXCESSIVE PONDING ON AD OF -WAY AND TO AMEND.THE PROPER REVIEW AND DRAINA AN ORDINANCE RELATING TO SECTION 20 516 RELATING T 20 516(F}TO PROVIDE FOR 1 RESTRICTNE COVENANTS IN I AN ORDINANCE RELATING AMENDING SECTIONS 20 -7.30 PROVIDING FOR THE OPTION COVENANTS IN LIEU OF UN PROPERTY WITHIN THE .THE VARIAN SIZE OF A B' LOT SIZE " FRONTAGE\ AND 20-8.16 RELATING TO UNITY O' OF. USING A DECLARATION OF REST UNITY OF TITLE.:, A.REQUEST FOR THREE VARIANCE: AND DEVELOPMENT. CODE IN ORI DF A TWO STORY SINGLE FAMILY H( ) SW 60 AVENUE; SOUTH MIAMI, FI 1MILY RESIDENTIAL ZONING USE DI ARE: (1) A VARIANCE TO ALLOW T BE 4796; SQUARE FEET WHERE AM E FEET-IS REQUIRED.AND 47 Fl FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100%) AS THE FIRST FLOOR WHERE T HE MAXIMUM SIZE OF THE SECOND FLOOR. IS: TO.. BE. LIMITED TO 60% OF THE FIRST -FLOOR SQUARE..... FOOTAGE A RESOLUTION RELATING TO `A REOUEST 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.6D1.8 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 THE ISSUANCE OF A CERTIFICATE OF ;'. -APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF WINDOWS IN A SINGLE ' FAMILY. RESIDENCE LOCATED AT:, ,MILLER ROAD WITHIN THE.;; CAMBRIDGE LAWNS HISTORIC DISTRICT ? Above Itarns.ca. be inspected in the City Clerk's Offrce,`Monday Friday, during regular office hours If you hive- eny-lngtanes on the above Items please contact the City Clerks office at:305 -663 -6326 ALL interested parkies are invited to attend and will be heard. Marla M.- Menendez;. CMC City Glerk Pursuant to Florida Statutes' 28601D5,`the City hereby advised the public that If a person decides to appeal any decision made by this Board; Agenoy or Commission whh 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 mey' need to ensure that a veibatim record, of . the proceedings Is made which record Includes the testimony and evidence upon which the appeal 13 0 { - 1 c� i X - "i :y z Z. z - v=i - a v E I i 1 F rl - i { - 1 c� i - "i :y ) k )} ] ] EFl2@\ kk |i.,�.4;! £''�`%ee � o ;/i ■MCI §; k �(( e &aeEE ■�� :! ° a� w �� 8n �e ®!`■«;# -s - e� ;k ` =2•! ®EE`s` E_» §@ E&; •� �■ ( ( \! ] •`��; #ate §/ 3). In !2m& la;� �e ■- k- ■)|!!| ■a !} M K # !D E |�!E ■ !k §!O _ ` |!i §! ;� |271 I P & ■�'! !.! -,�, m |R r } !�© ?k$ \7 2& �% ®d R:r a - ;�kk�`Er! 'Eg- aI §! - ) ! { o ! � \!$� t/ �� _ -, !(| ) !k S.Kag :f ° Em c �o Mft < °® �# 7 \ r: so I- 0 0 N 00 N } Q r Q 0 Z V) 0 x LU x r E 0 m 2 E f co r xn �'sy .r y "`O{ ,: COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, February 6, 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 ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE fW4ff THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f). AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTON 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE, A RESOLUTION RELATING TO A REQUEST FOR A .VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPER-rY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA; WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY CAFE IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. 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 NEIGHBORS CALENDAR - CALENDAR, FROM 46 story: 6:30 -8:30 p.m. Wednesdays Jan. 31- Nlarch 21; • Writing Mysteries and Crime Fic- tion: 6:30 -8:30 p.m. Thursdays Feb. 1 -March 22; • When Silence Speaks- Poetry and the Promised Land: 6:30 -8:30 p.m. Thursdays Feb. 1-March 22; • Writing Flash Fiction, Subversive Fiction and Magical Realism: 6:30- 8:30 p.m. Feb. 1-March 22. Introduction to Nature Writing -Re- sponding to Our Environment: Everything from grammar to the writ- ing process to a sampling of favorite nature authors are covered in this course. Practice developing a style while discovering content and inspi- ration in nature while working in a nature preserve; 1-3 p.m. Saturdays, Feb, 3 -17; The Environmental Center at Miami Dade College - Kendall, 11011 SW 104th St., Kendall; $45. To regis- Miracle MIIE ter, call 305- 237 -2600 or go to Club: Imprc mdc.edu /kendall /ce and click on as a better: Environmental Center; use reference tener and ei number 411789. 1:30 p,m. Th Reflective Writing: Learn journaling Miracle Mile and writing techniques for personal lunch fee: $ growth and healing; 7:30 -9 p.m. Mon- 786- 399 -9E days; South Miami Hospital, 6200 SW maya @eart 73rd St., South Miami; $10 per session. Practical SI 786 - 662 - 5200. _ -- the book ch USA Dance Inc.: Ballroom dance les- ton's The Bi sons from the nonprofit organization; 9:30 -11 a.m. 7 -9 p.m. Mondays; South Miami and Noble,' Lutheran Church, 7190 Sunset Dr., Kendall; fre South Miami. 305 - 387 -1342. Rotary Clul Palmetto B CLUBS /MEETINGS ings;12:15p Roma's,18E Kendall Professional Group: Business Bay; $10. Ci networking and referrals; noon first 305- 252 -41 Thursday; Steak and Ale Restaurant, 305- 323 -2� 9090 SW 97th Ave., West Miami- South Dad( Dade; first meeting free. Call Ira Marks The club's e at 305 - 387 -3474. tion include The Community Image Advisory Board (CIAB) invites y( poster to "Clean Up and Green Up" our community. Be cr the slogan as part of a poster design. Include your narr. grade, home address, phone number or email on the back Elem /Mid /High School Prizes (prizes for each school level) 1st Place - XBOX 360 2nd Place - IPod Nano 3rd Place - Elementary: 4 tickets to Disney World Middle /High: 4 tickets to Universal Islands of Adventure Entries Due 5:00 Thursday, Febru Submit entries to: Clean Poste c/o TF Att: N Miami All artwork must be original, not derivative and not generated by computer. You may use any medium except not be returned. Artwork cannot be any larger than f 4x17. All entries become property of the Miami Herald, C Board and Newspaper in Education. OoEATEP MIAMI MIAMI•QADE co rnoNa VISITOPS SUflEAU I �� -� - n� uff rQ.k"Cs fA, T kN 6 "S:'1 P "s Indaba, o k African Qrt Galley TOTALS CLEARANCE SALE CO NTINUESjTICMRYTHING . ISfSO,LD! GREAT STUFFx , 646ULOUS PRICESo, r Attention 't 16' 42 icorators _ %I►rchitects `Collectorx `Artenthiuslasts e, Unique gecorltems Origlal;Afrlcgn art° r, Ghts Museu m qua lity k mass a iraffes Elep dn , xstatuesystools�bcaskets E; • Mon•T- hlrr,ll 7 ;• Fril$at 11 10, Sun 12.6 o. 2029 Harrison St ,Hollyuwood,° 954 9202029. ya(a�r{/ a�ay�Qy ��{�yyyy��l�y�� l@p�� tMd Yf'`"Y V' COURTESYNOTICEN f.. #CITY OF '66T TKJ1 iAm FLORIDA A On Ttiesday,, February 20 200j, beginning'st 7 30 �.m ". iR the Cky yaCommission[Chambers 6130. Sunset Drive the City "Commission; ;will hold Public Hearings to consider the following items G '� �, � y y'sANf' AN ORDINCE4�RELATING TO.,>>'CERTIFICATESS OF ' OCCUPANCY,. AMENDING, SECTION ,265A 6 RELATING UNITY' OP�TITLE `CREATING' SUBSECTION' 20:5 16(F1 `TO' ,PROVIDE FOR THE OPTIOWOF USING "A DECLARATION,OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE W.-'5`-` , ORDINANCE�:RELAT.ING TO., "CERTIFICATES OF', ,OCCUPANCY, 10N ` AMENDING1-- SEC720- 7.30',AND 20 8 i6` c ..RELATING TO'UNITY OFTITLE: PROVIDING FOR:THE OPTION,' . �` OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN ' LIEU OF,UNITY OF TITLE -A RESOLUTION'RELATING TO A REQUEST FOR A VARIANCE „ FROM -SE6TIONa20- 3.5(G)`- OF'THE #CAN6 DEVELOPMENTt.r;' &, CODE TO ALLOWI- THE -LOT SIZE OF,fA BUILDING SITE TO B E . 7003`SQUARE FEET WHERE:A MINIMUM LOT SIZE `OF,7500�'< "SQUARE " FEET IS `REQUIRED AND .50; FEET OF; FRONTAGE',," WHERE -75 FEET =IS'REQUIREb ON PROPERTY,,.LOCATED'AT `, 7641'•SW 62 AVENUE,` SOUTH MIAMI „FLORIDA? WITHIN THE: RO %I RESIDENTIAL OFFICE° ZONING USEw-DISTRICT THE; s, a :PUROOSE OF;THE, ^VARIANCE ISrfiTO <`PERMI7 THEI CONSTRUCTION OFATWO STORY OF FICE BUII DING ti y. A RESOLUTION RELATING %TO A REEST PURSUANT QU TO - SECTION 20 3 4(B)(4)(b) OF THE LAND' DEVELOPMENT CODER FOR SPE.CIAL.USE• APPROVAL”, TOii LOCATE L A`RESTAURANT. ," SPEC ALTY RETAILHOMET WN DISTR CT..OVERLAY ZONFING�": d DISTRICT SPECIFICALLY LOCATED AT,5701 „SUNSET DRIVE, (SHOPS AT SUNSET PLACE.:' "A RESOLUTION RELATINGeTOyA REQUEST, FROM HABITAT- ., FORiHUMANITY?,OF GREATER, MIAMI` INC'PURSUANT +TO , SECTION 20- 5.I6(e) OF THE`LAND DEVELOPMENT CODETO ALLOW,jHE"RELEASE_OF`aA UNITY OF TITLE EXECUTED ON. ' MARCH`420; 2006iWHICH COMBINED.INTO.ONE °BUILDING` SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT, OF LOT 78 &LESS EXT AREA OF CURVE IN NE CORNER, (6350 SW 60th 'AVENUE] AND EAST >1 /2 OF LID 79, (60f6, SW 63b- STREET) BLOCK'14, FRANKLIN: SUBDIVISION,�AS RECORDED,IN PLAT BOOK 5 AT PAGE 34 PUBLIC' 'RECORDS= ,gi OF MIAMI,DADF,COUNTY FLORIDA .,p If you have any Ingylrles odthe above Items please contact the Cliy Clerk s office at. �r 'ALL Interested parties are Invited to attend end will be heard's"r dyy' a Maria M Menendez CMC , T1'a�. .E : � A L , r Pursuenf to Florida Statute's 286 0105, the City hereby ad 1. the es public that If fl.person ,'' decides to appeal any declslon made by,this Board, Agency or Con lion with respect . — r`. to any matter. consldered`et Its meeting "gr.heering,:he, or she wllrneed a recoPdof the i'. pre ato ings,' and that for such purpose; - affectetl person may m d`to ensure. that a :verbatim recorcl of the proceedings Is made which record Includes the testimony end ,,evidence upopwhich the appeal Is 1m; �” e} ",n"$'i�'�"�"s4'.:�°v°"k'"�.�.� t"- �''� � .m ®- � �. uw '•� ar .i - Slor 7:31 MIAMI DAILY BUSINESS REVIEW con 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 O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/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 rnvv wuvu ; rvn .zw �n�uu - vnuuvnwvw nv CITY OF SOUTH MIAMI CONFLICT AND AN EFFECTIVE DATE PUBLIC HEARING FOR FEBRUARY 20, 2007 -A RESOLUTION OF ;THE MAYOR &CITY COMMISSION OF in the XXXX Court, THE CITY,. OF SOUTH .MIAMI'IFLORDA'RELATING REQUEST -FOR A,VARIANCE,I OM SECTION,20 was published in said newspaper in the issues of THE LAND DEVELOPMENT CODE TO:ALLOWTHE LOT SIZE ''OF A BUILDINGSITE'TO BE�7003 SQUARE FEET WHERE A I 02/09/2007 yMINIMUM LOT SIZE 'OF- 7500`SQUARE FEET'IS REQUIRED AND ! 5o ::FEET -vOF_' FRONTAGE VHHERE 75 FEET IS ; REOUIRED; ! ON PROPERTY LOCATED AT-"7641-SIN ,2 Affiant further says that the said Miami Daily Business AVENUE, ±SOUTH .'MIAMI FLORIDA, WITHIN THE'RO Review is a newspaper published at Miami in said Miami -Dade RESIDENTIAL = OFFICE = `ZONING USE DISTRICT ,THE County, Florida and that the said newspaper has PUF?POSE' =OF THE �VARIANCE :IS TO PERMIT heretofore been continuously published in said Miami -Dade County, CONSTRUCTION OFATtl110 STORYOFFICE BUILDING AND Florida, each day (except Saturday, Sunday and Legal Holidays) PROVIDING FOR AN EFFECTIVE DATE and has been entered as second class mail matter at the post A RESOLUTION.OF THE MAY AND_CITY COMMISSION- '' office in Miami in said Miami -Dade County, Florida, for a 'OFTHE CITY OFSOUTH MIAMI RELAT G TQ A REQUEST period of one year next preceding the first publication of the PURSUANT 3TO �SECTION'k20 3 4(B)(4) b) OFD, TF{E LAND attached copy of advertisement; and affiant further says that he or DEVELOPMENT CODE -FOR;_SPECIAL USE - ;APPROVAL TO„ she has neither paid nor promised any person, firm or corporation LOCATE `A RESTAURANT- TO BE CALLED �GIOGLEz CITY . any discount, rebate, commission or refund for the purpose PLAY CAFE � 1N -THE SRS (HD) ", SPEGI ILTY ,�iETAIL of securing thi dvert'se r publication in the said HOMETOWN DISTRICT. ;OVERLAY :.;ZONING DISTRICT newspaper. SPECIFICAL. Y166A`I'ED'AT_57018UNSETDFiIVj= ;SHOPS 1 AT SUNSET PLACE) PROVIDING'AN EFFECTIVE i A RESOLUTION OFTHE MAYOR_ANLZ CITY COMMISSION, OF THE CITY 'OF SOUTH MIAMI,;RELATINYG,TOA REQUEST Sworn to and subscribed before me this FROM HABITAT FOR - HUMANITY OF,,GREATER,MIAMI`INC PURSUANT T6 SECTION 20 5.16(e) QF THE (AND DE /EL OPMENT GODS TO ALLOW THE RELEASE,OF.AIipNITY OF 09 -EBRU A.D. 2007 TITLE EXECUTED `ON MARCH 20,2006 WHICHyCOMBINED INTO ONE. `BUILDING SITE :THE FOLLOWINCa PARCELS LESS NORTH, LOTS -77 $ O *LESS EXT AREA OF CURVE IN NE CORNEA (6350 SW 60th AVENUE) AND THE EAST I V2'OF LOT 79, _(6016.5W f3rd „STREET) (SEAL) BLOCK,14, FRANKLIN . SUBDIVISION! �§ ;RECORDEp IN PLAT BOOK 5=AT >PAGE 34, PUBLIC RECORpS OF,MIAMI O.V. FERBEYRE personally known to me DADE COUNTY FLORIDA ;PROVIDING AN,K EFFECTIVE DATE. 5 �� Maria I. Mesa If you have.any inquiries 'on the above it9ms please contact,the,City ! My Commission DD293855 Clerks ®fhce at 305 663 6340 _, Expires March 04, 2008 ALL interested parties are invited to attgnd and will be heard : t Mana M. Menendei,. C, City Clerk ;'