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Home My WebLink AboutO-12050J-00-860 10/18/00 ORDINANCE NO. 42050 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 910, UNITY OF TITLE AND COVENANT AGREEMENTS, TO PROVIDE FOR ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE PROVISIONS BY THE ZONING ADMINISTRATOR, AS APPLICABLE, SUBJECT TO THE FOLLOWING CONDITIONS: (1) RELEASES SHALL BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; (2) RELEASES SHALL BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AT THE OWNER'S EXPENSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 20, 2000, Item No. 6, following an advertised hearing, adopted Resolution. No. PAB...48-00 .by a vote of six to zero (6-0), RECOMMENDING APPROVAL of an amendment to Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, subject to conditions, as hereinafter set forth; and WHEREAS, the City of Miami Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; 12050 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 hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:l/ "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec.910. Unity of Title and Covenant Agreements. Sec.910.5 Release. Any unity of title required by this section shall not be released except as specified in the legal instrument used to record said unity of title; any unity of title agreement which does not contain a release clause or procedures for release, may be released by the Zoning Administrator, in a form acceptable to the City Attorney, upon a determination by the Zoning Administrator that the unity of title agreement is no longer necessary; in the absence of such a determination, the unity of title shall be released only by resolution passed and adopted by the city commission an6 execute -d by the city manager and eity elerl. Releases approved pursuant to this section shall be recorded in the public records of Miami -Dade Countv, Florida, at the property owner's expense. 1� 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. Page 2 of 4 12050 n 0 910.8. Recorded agreements between parties superseded by covenants in lieu of unity of title. Whenever a covenant in lieu of unity of title is produced which makes specific reference to and provides conditions, requirements and limitations for any characteristic or aspect of use pertaining to the subject property, such document shall supersede any other existing agreements regulating such matters, or shall be accepted as a substitute for any agreements required from the applicant pertaining to joint or shared facilities. 910.9. Zoning Covenants; release. Whenever a covenant is required for zonin purposes, its release shall be as specified in the legal instrument used to record said document. Any covenant which does_ not contain a release provision may be released by the Zoning Administrator, in a form acceptable to the City Attorney, upon a determination that the covenant is no longer necessary. In the absence of such a determination, the covenant shall be released only by resolution passed and adopted by the city commission. Releases approved pursuant to this section shall be recorded in the public records of Miami -Dade County, Florida, at the property owner's expense. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. Page,3 of 4 12 1 0 PASSED ON FIRST READING BY TITLE ONLY this 29th day of March ,*2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of April ,*2001. JOE CAROLLO, MAYOR In acwrdance with Miami Code•Sec. 2.36, since the Mayor slid not indicate appyov's, of Ras. i dation by signing it in the designated pla pevrovided, said lac';. ,w s IN biz effective with the elapse of ten (10) day 4 the omrr; 4is°f )n same, without the Mayorerciainglg � ATTEST: � J. a WALTER J. FOEMAN CITY CLERK. APPROVE SORM AN RRECTNESS% NDRO VILARELLO ATTORNEY W948/lwmea:BSS *Year originally typed was typed incorrectly but has been corrected to reflect the correct information. Page 4 of 4 �� n! PZ -27 SECOND BEADING PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department. HEARING DATE September 20, 2000. REQUEST/LOCATION Amendments to Article 9, Section 910 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Article 9, Section 910 in order to allow for administrative releases of covenants and unity of title provisions by the zoning administrator as applicable. PLANNING RECOMMENDATION Approval. BACKGROUND AND This ordinance is being requested to relieve an administrative ANALYSIS problem which the city is having in releases of certain types of unity of title and covenant agreements. City Commission action is not warranted on many of these cases and an administrative mechanism will save applicants a great deal of time and money. Safeguards have been considered and are incorporated in this ordinance. PLANNING ADVISORY BOARD Approval with conditions: VOTE: 6-0 CITY COMMISSION Passed First Reading on March 29, 2001. APPLICATION NUMBER 00-046 Item #6 Date: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 1 12050 RESOLUTION PAB -48-00 A RESOLUTION RECOMMENDING APPROVAL AS AMENDED, OF A CONSIDERATION TO AMEND ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 910, IN ORDER TO ALLOW FOR ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE PROVISIONS BY THE ZONING ADMINISTRATOR AS APPLICABLE, WITH THE FOLLOWING CONDITIONS: 1) THAT RELEASES BE SUBMITTED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND 2) THAT RELEASES BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AT THE OWNER'S EXPENSE. HEARING DATE: September 20, 2000 ITEM NO.: 6 VOTE: 6-0 ATTEST/-'i`%!�,/' _ z " Ana Gelabert-9anche4/ Director Planning and Zoning Department 12050