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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 -2- 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 { -3- 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. * ARTICLE 25, DEFINITIONS * Sec. 2502. Specific definitions. Underground Parking.... * * * * * * * 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. { 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. -5- 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