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File ID: #7988
- Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner
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FLORIDA, THE PLAT OF WHICH WAS REVOKED BY THE CITY OF MIAMI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.
City of Miami File ID: 7988 (Revision:) Printed On: 121112020
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City of Miami
Legislation
Ordinance
Enactment Number: 13940
File Number: 7988 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FLORIDA, THE PLAT OF WHICH WAS REVOKED BY THE CITY OF MIAMI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.
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
361" 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
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 371" Street;
and
City of Miami File ID: 7988 (Revision:) Printed On: 121112020
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 36th Street and
Northwest 38th 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 37th 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:
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.
City of Miami File ID: 7988 (Revision:) Printed On: 121112020
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 connectivity from the property 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
unchanaed material.
City of Miami File ID: 7988 (Revision:) Printed On: 121112020
APPROVED AS TO FORM AND CORRECTNESS:
Vyt6riai dez,City Attor iey 10113/2020
City of Miami File ID: 7988 (Revision:) Printed On: 121112020