HomeMy WebLinkAboutO-11361J-96-227
4/25/96
ORDINANCE NO. 11361
AN ORDINANCE RELATING TO SUBDIVISION
REGULATIONS; AMENDING SECTION 54.5-11 OF THE
CITY CODE BY PERMITTING PROPERTY OWNERS TO
SUBMIT COVENANTS IN LIEU OF UNITY OF TITLE;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Code currently has no provisions which allows for property
owners to submit a Covenant in Lieu of Unity of Title; 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 the City Code 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.
Section 2. Chapter 54.5, entitled "SUBDIVISION REGULATIONS', of the City
Code of the City of Miami, Florida, as amended, is hereby amended by amending the
��:36�
text of said Code as follows:''-'
" CHAPTER 54
SUBDIVISION REGULATIONS
Sec. 54.5-11. Building permits; issuance; restrictions; exceptions.
(f) A permit may be issued for the construction by the City, its
agents or lessee on city -owned land, platted or unplatted, of a
structure or other onsite improvements.
(q) Where a "covenant in -lieu of Unity of Title" is accepted, for a
project pursuant to Section 910.7 of Zoning Ordinance No. 11000,
as amended the Zoninq Ordinance of the City of Miami, replatting
will not be required for said project.
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inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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.
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
11361
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
March , 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of April , 1996.
w��do&"
STEPFAEN P. CLA , MAYOR
ATTEST:
ALTER F EIMAN
CITY CLERK
PREPARED AND APPROVED BY:
r. ;k lAo Z11
EL E. MAXW LL
TY CITY ATTJEPU
ORNEYY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUWqN JO , III
CITY ATTO Fl
ms;W127.DOC
3
11361
WALTER J. FOEMAN
City Clerk
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
Orlifij of 'ffltamt
�YTY OF
� nu i iiun
C
yO�C0., F1.��`O
May 24, 1996
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 •11361
Please, would you have the typographical error corrected on 1547 (aa) Rubbish,
seventh line 'offices"
If I can be of any further assistance, please do not hesitate to call.
Very truly you ,
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIO
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Ft. 33233/(305) 250-5360/FAX: (305) 858-1610
C�St#g of �Ct�tmt
WALTER J. FOEMAN
City Clerk
May 24, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
BY:
Deputy Clerk
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
Titij of ffliami
WALTER J. FOEMAN
City Clerk
May 24, 1996
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Verytruly yours,
Walter J. Foeman
City Clerk
BY: 1'�
L-c- IL Aj= A
Deputy Clerk
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and members DATE
of the City Commission
SUBJECT
FROM Ces REFERENCES:
i
City eI ENCLOSURES:
RECCOMENDATION
PZ=15
SECOND READING
FILE
Amendment to Chapter 54
of the City Code
It is respectfully recommended that the City Commission approve the attached
amendment to Chapter 54 of the City Code in order to: 1) provide an exception to
replatting requirements for projects which submit to the City a covenant in -lieu of unity
of title; and 2) provide a reference to Section 910.7 of Zoning Ordinance 11000, which
specifies the criteria required for said covenants.
BACKGROUND
The proposed amendment to Chapter 54 of the City Code is in response to a need for
certain developments to be able to sell portions of their property, or phases of an overall
development without the need for replatting. It is found that the replatting process and/or
the process of registering as a condominium is lengthy and cumbersome and often not
practical for commercial ventures. The "covenant in -lieu of unity of title" process as
proposed in the accompanying legislation, protects the City's concerns relating to
easement and zoning requirements while offering developers an alternative to the
' replatting process when the sale of a portion of the property or phase of development is
required in order for the entire project to be constructed.
11 361