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Home My WebLink AboutO-13940City of Miami l i , J'f Legislation Ordinance: 13940 File Number: 7988 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/19/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO CREATE A NEW EXCEPTION TO PLATTING TO RECOGNIZE FORMER LOTS OF RECORD AND PROPERTIES WITH CERTAIN METES AND BOUNDS LEGAL DESCRIPTIONS FOR PROPERTIES WITHIN THE FORMER BECKER'S SUBDIVISION RECORDED IN BOOK 16, PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE PLAT OF WHICH WAS REVOKED BY THE CITY OF MIAMI SUBSEQUENT TO RECORDATION OF THE SAME; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CERTAIN CONDITIONS RELATED TO IMPROVEMENT OF ADJACENT RIGHTS -OF -WAY IN CONNECTION WITH THE ISSUANCE OF BUILDING PERMITS IN CONNECTION WITH THIS EXCEPTION TO PLATTING; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the subdivision regulations for the City of Miami ("City"); and WHEREAS, Section 55-10 of the City Code sets forth the general rule that platting or re - platting is required as a prerequisite to receiving building permits unless a property meets one or more of the enumerated exceptions to platting ("Platting Exceptions"); and WHEREAS, pursuant to Section 55-10 of the City Code, unplatted land may only receive a building permit either for new construction of a single-family home or for repairs and renovations to all other structures if the unplatted land is described by a deed prior to September 25, 1946; and WHEREAS, on January 31, 1924, Louis O. and Katie Becker ("Subdividers") executed the plat known as Becker's Subdivision which was recorded on May 4,1925 in Book 16, Page 43 of the Public Records of Dade County ("Subdivision"); and WHEREAS, the Subdivision was executed and recorded without approval by the City or Dade County; and WHEREAS, the Subdivision dedicated for the use of the public a portion of Northwest 36t" Street (formerly known as and depicted on the Subdivision's plat as Buena Vista Drive), a portion of Northwest 371" Street (depicted on the Subdivision's plat as 371" St. N.W.), and a portion of Northwest 381" Street (formerly known as and depicted on the Subdivision's plat as Indianapolis Drive); and City of Miami Page 1 of 4 File ID: 7988 (Revision:) Printed On: 121112020 File ID: 7988 Enactment Number: 13940 WHEREAS, on May 13, 1929, the City Commission adopted Ordinance No. 847 accepting a revised version of the Subdivision except for the dedication of Northwest 371h Street; and WHEREAS, no records indicate this revised subdivision was ever completed and recorded; and WHEREAS, on August 15, 1931, the Subdividers executed a document revoking the plat of the Subdivision but dedicating for public use those portions of Northwest 361h Street and Northwest 381h Street as shown on the plat of the Subdivision, which was recorded on October 22, 1931 in Deed Book 1461, Page 225 of the Public Records of Dade County; and WHEREAS, the Subdividers subsequently re -recorded the same document, which was recorded on October 2, 1933 in Deed Book 1537, Page 260 of the Public Records of Dade County; and WHEREAS, the revocation of the plat of the Subdivision has rendered the land within it to be deemed unplatted, limiting its present ability to be developed in accordance with present- day regulations; and WHEREAS, the properties within the Subdivision are zoned either T5-L or T6-8-0 pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), which allows for higher density and intensity of development than the single family homes whose properties would be limited to by the City Code absent re - platting; and WHEREAS, over the decades, some property owners within the Subdivision took title to lots in the Subdivision while others took title with metes and bounds legal descriptions in reference to the Subdivision; and WHEREAS, because the Platting Exceptions will not allow for the development or redevelopment of the properties in the Subdivision consistent with the Miami 21 Code, each property therein would have to re -plat; and WHEREAS, the revocation of the plat of the Subdivision is an anomaly that to the best of the City's knowledge has not occurred elsewhere within the City; and WHEREAS, in order to alleviate unnecessary hardship to the individual property owners within the Subdivision by requiring that each property owner plat their respective properties, some of which are already developed and have been for decades, the City Commission wishes to create a new platting exception to allow those property owners to redevelop consistent with the Miami 21 Code and all other applicable portions of Chapters 54 and 55 of the City Code; and WHEREAS, this proposed platting exception will require the provision of "T" type turnaround areas and public ingress/egress easements within new developments adjacent to the current dead-end eastern terminus of Northwest 371h Street in order to preserve life -safety and ensure the convenient use and access to adjacent properties therefrom; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 4 File ID: 7988 (Revision:) Printed on: 121112020 File ID: 7988 Enactment Number: 13940 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 55 of the City Code is hereby amended in the following particulars:' "CHAPTER 55 SUBDIVISION REGULATIONS Sec. 55-10. Building Permits; issuance; restrictions; exceptions. (0) A building permit may be issued for the construction, repair, remodeling, or renovation of any building on one or more former lots of record within the revoked Becker's Subdivision recorded in Book 16, Page 43 of the Public Records of Miami -Dade County provided that where one or more former lots of record have been divided into separate parcels, such divided lot(s) must meet another applicable exception to platting in this Section. Such building permit may also be issued for properties within this revoked subdivision that have a metes and bounds or unplatted legal descriptions provided that the properties' boundaries coincide with the lot lines of former lot(s) of record of the revoked subdivision or if such boundaries would be coterminous with a division of a former lot of record, provided that the former divided lot(s) must meet another applicable exception to platting in this Section. Any building permit issued pursuant to this subsection for a property located on Northwest 37t" Street shall ensure that one "T" type turning area for the Northwest 37t" Street dead-end that permits public ingress / egress in a configuration acceptable to the Director of the Department of Resilience and Public Works is provided. No certificate of occupancy or temporary certificate of occupancy shall be issued on any building permits issued pursuant to this subsection until the completion and acceptance by the Department of Resilience and Public Works of the permitted right-of-way improvements adjacent to the property as well as the completion of any other improvements necessary to ensure sidewalk connectivitv from the Droaerty to the next street intersection within the boundaries of the former Becker's Subdivision *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 3 of 4 File ID: 7988 (Revision:) Printed on: 121112020 File ID: 7988 Enactment Number: 13940 APPROVED AS TO FORM AND CORRECTNESS: 1 ria i dez, C oty Attor iey 10/13/2020 City of Miami Page 4 of 4 File ID: 7988 (Revision:) Printed on: 121112020