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HomeMy WebLinkAboutO-11360J-96-163 4/25/96 11360 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 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 as hereinafter 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 Ordinance No. 11000 as hereinafter set forth; 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 thereto and incorporated herein as if fully set forth in this Section. 11360 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:''-' "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: (al 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 and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 11360 for under section 918 of this ordinance or as required by Class II Special Permit. 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 remaininq lot or parcel comprising the building site. Lcl 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. 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. (e) 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). Lfl Whenever a Unity Of Title is specifically required by an ordinance or resolution passed and adopted by the City Commission. Whenever a building site consists of more than one platted lot. 910.3. Specific requirements. (a) The Owner shall provide a Certificate of Ownership by way of an opinion of title from an attorney licensed to practice law in the State of Florida. Said opinion of title, which shall be from the Point Of Beginning, shall be based upon an abstract brought up within ten (10) days of the requirement that such Unity Of Title be recorded. u The opinion of title shall include the names and addresses of all mortgagees and lien holders the description of the -3-11360 mortgages and/or liens and the status of all real estate taxes due and payable. Lcl 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 subject 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 Manager and City Clerk. 910.6. Recording. The owner shall pay the fee as required by section 62-61 of the City Code of the City 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 of the following requirements: (a) Where multiple buildings on a single site exist, or for properties which contain multiple owners on a single site, the City may accept a covenant in lieu of unity of title. The acceptance of said covenant shall require the approval of the directors of the public works community planning & revitalization, and building and zoning departments or their designees. The acceptance of a covenant in lieu of unity of title will not constitute a subdivision of land for purposes of this chapter. The directors or their designees shall evaluate the request for submittal of a covenant in lieu of unity of title and the information supplied with regard to its effect on the health welfare and safety of the community. In evaluating the request the directors or their designees may confer with -4- 11360 representatives of other departments or agencies as may be necessary. (b) If there is a negative effect on the health, welfare or safety of the community, the request for submittal of the covenant in lieu of unity of title shall be denied. (c) If there is no negative effect on the health, welfare, or safety of the community, the directors or their designees may approve the covenant in lieu of unity of title. (d) In determining whether a negative effect on the health, welfare or safety of the community exists the directors of the public works, community planning & revitalization and building and zoning departments shall review the effect of: (1) The ingress and egress to the subject property and structures with particular reference to automotive and Pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency, (2) The offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety, convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping, (3) The utilities of the subject property and (4) The maintenance of the subject property (e) A covenant in lieu of unity of title shall not be accepted for residential properties which are zoned R-1 (Single Family Residential), R-2 (Two Family Residential) R-3 (Multi Family Medium Density Residential) or R-4 (Multi Family High Density Residential). (f) The covenant in lieu of unity of title approved for legal form and sufficiency by the City Attorney, or his designee shall run with the land and be binding upon the heirs successors personal representatives and assigns and upon all mortgagees and lessees and others presently or in the future having any interest in the Property. The covenant in lieu of unity of title shall contain the following elements: -5- 1 1 360 (1) That in the event of multiple ownership subsequent to the approval of the covenant in lieu of unity of title, each of the subsequent owners shall be bound by the terms provisions and conditions of the covenant. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, in recordable form an instrument to be known as an "easement and operating agreement" which shall contain, among other things: (i) Easements in the common area of each parcel for ingress to and egress from the other parcels (ii) Easements in the common area of each parcel for the passage and parking of vehicles: NO Easements in the common area of each parcel for the passage and accommodation of pedestrians, (iv) Easements for access roads across the common area of each parcel to public and private roadways: (v) Easements for the installation, use, operation maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel: NO Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel: NO Easements upon each such parcel in favor of each adioining parcel for the installation use maintenance, repair, replacement and removal of common construction improvements such as footing supports and foundations: (viii) Easements on each parcel for attachment of buildings: (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel Im 11360 such as, by way of example marquees canopies lights, lighting devices, awnings, wing walls and the like: (x) Appropriate reservation of rights to grant easements to utility companies: (A) Appropriate reservation of rights to road right-of-ways and curb cuts: (xii) Easements in favor of each such parcel for Pedestrian and vehicular traffic over dedicated private ring roads and access roads: and (xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways parking facilities common areas and common facilities and the like. These provisions or portions thereof may be waived if approved by each of the directors of public works community planning & revitalization and building and zoning, provided the provisions are inapplicable to the subject property. In addition, such easement and operating agreement shall contain such other Provisions with respect to the operation maintenance and development of the property as to which the Parties thereto may agree, and such provision may be modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors of public works, community planning & revitalization and building and zoning departments all to the end that although the property may have several owners it will be constructed, conveved and operated in accordance with an approved site plan. The multiple owners may, by mutual agreement allocate among themselves and the parcels owned by them set back Parking, open spaces, floor to area ratio and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. (2) The covenant in lieu of unity title shall be in effect for a period of thirty (30) vears from the date the documents are -7- recorded in the public records of Dade County, Florida, after which time they shall be extended automatically for successive periods of ten (10) years unless released in writing by the owners provided however, that with respect to any portion of the subject property or which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property, and except for modifications or amendments for which joinder as hereinafter provided is not required as aforestated provided each of the directors of the public works community planning & revitalization and building and zoning departments also execute the instrument of amendment modification or release upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. 91 D 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 maters or shall be accepted as a substitute for any agreements required from the applicant pertaining to joint or shared facilities. Sec. 911-913. Reserved. ARTICLE 25. DEFINITIONS Sec. 2502. Specific definitions. Underground Parking.... -8- 11360 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. *J; 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. PASSED ON FIRST READING BY TITLE ONLY this z6th day of March , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of Apri 1 ATTEST: WALTER J. E AN CITY CLERK STEPHEN IT CLARK, MAYOR WE 11360 PREPARED AND APPROVED BY: L E. MAXWEL PUTY CITY A ORNEY APPROVED AS TO FORM AND CORRECTNESS: A. OUINN JO E , III CITY ATTO Y MS: W120. -10- 1.1360 PLANNING FACT SHEET PZO APPLICANT Department of Community Planning and Revitalization. SECOND 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 DESCRIPTION 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 wishes 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 perform at a sub -standard level. At the same time this mechanism protects property owners' interests by providing a means of permanent joinder that is both efficient and effective. PLANNING ADVISORY BOARD Approval. VOTE: 8-0. CITY COMMISSION Passed First Reading on CC 3/26/96. APPLICATION NUMBER 94-234 February 21, 1996 04/04/96 Item # 7 Page 1 11360 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. ���/�� 6 JACK LUFT, DIRECTOR COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT 3 Il�60