HomeMy WebLinkAboutItem #48A - First Reading OrdinanceJ-96-163
3/18/96
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY AMENDING ARTICLE 9, "GENERAL AND
SUPPLEMENTARY REGULATIONS," TO PROVIDE A NEW
SECTION 910 ENTITLED:"UNITY OF TITLE"; PROVIDING
FOR IMPLEMENTATION; PROVIDING DEFINITIONS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory 139(ard, _At its meeting of
February 21, 1996, Item No. 7, following an advertised aring)kdopted Resolution
No. PAB 11-96 by a vote of eight to zero (8-0), RECO MENDING APPROVAL of
amending Zoning Ordinance No. 11000 as hereinIAMr set forth; and
WHEREAS, the City Commiss
deems it advisable and in the best
and its inhabitants to amend
NOW, THEREFO
OF MIAMI, FLORIDA:
consideration of this matter
the general welfare of the City of Miami
No. 11000 as hereinafter set forth;
NED BY THE COMMISSION OF THE CITY
Section 1. The reXtals and findings contained in the Preamble to this
Ordinance are ereby adopted by reference thereto and incorporated herein as if fully
set forth in t ection.
f
J-96-163
3/11 /96
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY AMENDING ARTICLE 9, "GENERAL AND
SUPPLEMENTARY REGULATIONS," TO PROVIDE A NEW
SECTION 910 ENTITLED "UNITY OF TITLE"; PROVIDING
FOR IMPLEMENTATION; PROVIDING DEFINITIONS;
CONTAINING A REPEALER PROVISION AbID A
SEVERABILITY CLAUSE; AND PROVIDING R AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory, /Board, at its meeting of
February 21, 1996, Item No. 7, following an advertised hearing adopted Resolution
No. PAB 11-96 by a vote of eight to zero ,(8-0), RECOMMENDING APPROVAL of
amending Zoning Ordinance No. 11000
set forth; and
WHEREAS, the City 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,0`rdinance No. 11000 as hereinafter set forth;
r,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
u>.
OF MIAMI, FLORIDA:
�+a
Section 1. ,,;The recitals and findings contained in the Preamble to this
Ordinance are hereby adopted by reference thereto and incorporated herein as if fully
N
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: I /
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 910. Unity Of Title.
910.1. Definition of Unity Of Title.
A written agreement executed by and between a
property. owner and the City of Miami, Florida, whereby the
property owner for a 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 that they shall be held together as
one tract. Such Unity Of Title shall be recorded in the Public
Records of Dade County, Florida, and shall run with the land
and shall be binding upon the property owner(s), their
successors and assigns.
910.2. When required.
As a prerequisite to the issuance of a building permit,
the owner in fee simple title shall submit a Unity Of Title in
recordable form to the Building and Zoning Department
providing that all of the property encompassing the building site
upon which the building and appurtenances are to be located
shall be held together as one tract of land and providing that no
part or parcel shall be conveyed or mortgaged separate and
apart from the building site, as set forth under the building
permit- in the following cases:
1. Whenever the required off-street parking is located on
contiguous lots or parcels or is located offsite, as provided
'-' Words and/or figures stricken through shall be deleted. Underscored words I
and/or figures shall be added. The remaining provisions are now in effect and
remain unchanged. Asterisks indicate omitted and unchanged material. 4
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for under section 918 of this ordinance or as required by
Class II Special Permit.
2. Whenever the building site consists of more than one lot
or parcel and the main building is located on one lot or
parcel and accessory use buildings or structures are
located on the remaining lot or parcel comprising the
building site.
3. 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.
4. Whenever a building is to be constructed or erected upon
a lot or parcel which is larger in frontage depth and/or
area than the minimum required by the Zoning Ordinance
and which lot or parcel would be susceptible to further
resubdivision in accordance with the Zoning Ordinance
and subdivision provisions of the City Code.
5. Whenever the City of Miami provides that a Unity Of Title
shall be executed as a condition for the granting of a
variance or permit (including special permits).
6. Whenever a Unity Of Title is specifically required by an
ordinance or resolution passed and adopted by the City
Commission.
7. Whenever a building site consists of more than one platted
lot.
910.3. Specific requirements.
1.
2.
The Owner shall provide a Certificate of Ownership by way
of an opinion of title from an attorney -at -law licensed to
Practice in the State of Florida or from an abstract or title
company licensed to do business in Dade County Florida -
said opinion of title shall be based upon an abstract
brought up within ten (10) days of the requirement that
such Unity Of Title be recorded.
The opinion of title shall include the names and addresses
of all mortgagees and lien holders the description of the {
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mortgages and/or liens and the status of all real estate
taxes due and payable.
3. The Unity Of Title shall be executed with the same
formality and manner as a warranty deed under the laws of
the State of Florida.
910.4 Approval.
The Unity Of Title shall be subiect to approval by the City
Attorney as to form and content.
910.5. Release.
Any Unity Of Title required by this section shall not be
released expect upon approval by resolution passed and
adopted by the City Commission and executed by the City
Manger and City Clerk.
910.6. Recording.
The owner shall pay the fee as required by section 62-61 of
the City Code of the Citv of Miami for recording the Unity Of
Title in the Public Records of Dade County.
910.7. Covenant in Lieu of Unity Of Title, when available.
Whenever Unity Of Title is required, pursuant to Section 910
of this Ordinance, a covenant in lieu thereof shall be acceptable
provided that said covenant conforms to all requirements set
forth in Chapter 54.5 "Subdivision Regulations" of the City Code
of the City of Miami Florida.
910.8. Recorded agreements between parties superseded by
Covenants in Lieu of Unit Of f 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 subiect property, such document
shall supersede any other existing agreements regulating such
maters, or shall be accepted as a substitute for any agreements
required from the applicant pertaining to ioint or shared
facilities.
Sec. 911-913. Reserved.
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ARTICLE 25, DEFINITIONS
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Sec. 2502. Specific definitions.
Underground Parking....
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Unity Of Title A written agreement executed by and between
a property owner and the City of Miami Florida whereby the property
owner for a 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 that
they shall be held together as one tract. Such Unity Of Title shall be
recorded in the Public Records of Dade County. Florida and shall run
with the land and shall be binding upon the property owner(s), their
successors and assigns.
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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
,t
reading and adoption thereof.
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PASSED ON FIRST READING BY TITLE ONLY this day of
1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of 1996.
,T
STEPHEN P. CLARK, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
_ 6 _
i
w,,Y
PLANNING FACT SHEE1 PZ=22
1 APPLICANT Department of Community Planning and Revitalization. FIRST READING
REQUEST/LOCATION Consideration of amending the text of Ordinance 10000, as amended, to establish
regulations and requirements, as well as a definition, for unity of title.
LEGAL MSM P-� W N/A.
PETITION Consideration of amending the text of Ordinance 11000, the Zoning Ordinance of the
City of Miami, by amending Article 9 to provide a new Section 910, "Unity of Title"
in order to establish when such documents will be required and by amending Article
25 to provide a definition for "Unity of Title".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND There are, at present, no provisions available in the City of Miami whereby an
ANALYSIS applicant who whishes to develop two or more lots or parcels jointly, can do so
without replatting. The replatting process is often times impractical due to its
complexity and duration. The implementation of the Unity of Title safeguards the
public interest by ensuring that a parcel designed and developed jointly is not
subsequently subdivided into parts which on their own function deficiently or
I perform at a sub -standard level. At the same time this mechanism protects property
I owners' interests by providing a means of permanent joinder that is both efficient
and effective.
VOTE: 8-0.
February 21, 1996
Item f.7
Rage �.
RESOLUTION PAB - 11-96
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000 AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9 TO
PROVIDE A NEW SECTION 910, "UNITY OF TITLE" IN ORDER TO ESTABLISH WHEN
SUCH DOCUMENTS WILL BE REQUIRED AND BY AMENDING ARTICLE 25 TO PROVIDE A
NEW DEFINITION FOR "UNITY OF TITLE".
HEARING DATE: February 21, 1996
VOTE: 8-0.
ATTEST- �
JACK LUFT DI RECTOR
COMMUNITY PLANNING AND
REVITALIZATION DEPARTMENT