HomeMy WebLinkAboutO-12873City of Miami
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Ordinance: 12873
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00428zt Final Action Date: 12/14/2006
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9,
SECTION 910 OF THE ZONING ORDINANCE, IN ORDER TO ALLOW FOR
COVENANT IN LIEU OF UNITY OF TITLE AGREEMENTS FOR PROJECTS WITHIN
PROPERTIES ZONED R-2 THAT ARE APPROVED PURSUANT TO ARTICLE 5,
PLANNED UNIT DEVELOPMENT; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of July 19, 2006, Item No. 9,
following an advertised hearing, adopted Resolution No. PAB 06-072 by a vote of nine to zero (9-0),
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, so as to encourage institutions of higher learning to locate in the City of Miami
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. 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. {1}
"Sec. 910. Unity of title and covenant agreements.
910.7. Covenant in lieu of unity of title, when available.
(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 and 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
City of Miami
Page 1 of 2 File Id: 06-004287t (Version: 21 Printed On: 3/3/2017
File Number: 06-00428zt Enactment Number: 12873
R-1 (single family residential) or R-2 (two family residential); except for Projects within R-2 zoned
districts approved pursuant to Article 5, Planned Unit Developments.
(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:
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. {2}
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 06-004287t (Version: 21 Printed On: 3/3/2017