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HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01335zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, DEFINITIONS, SECTION 1.2 DEFINITIONS OF TERMS, TO MODIFY THE DEFINITION OF UNITY OF TITLE AND BY AMENDING ARTICLE 7, SECTION 7.1 PROCEDURES BY ADDING A NEW SECTION, 7.1.7 UNITY OF TITLE, ESTABLISHING REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami Planning Zoning and Appeals considered this item at its December 1, 2010 meeting, Item No. 4, adopting Resolution No. PZAB-R-10-061 by a vote of nine to zero (9-0), recommending DENIAL of this item to the Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114; and WHEREAS, it has been determined that certain articles of the Code should be amended to provide additional requirements to specific articles of the Code to better meet the needs of the residents of Miami; 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 citizens to amend the Miami 21 Code, the Zoning Ordinance 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 1 and Article 7 in the following particulars {2}: 11* ARTICLE 1. DEFINITIONS * 1.2 DEFINITIONS OF TERMS City of Miami Page 1 of 7 File Id: 10-01335zt (Version: 2) Printed On: 12/6/2010 File Number: 10-01335zt * Unity of Title: A written agreement executed by and between a property owner and the City 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 (1) 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. See Article 7, section 7.1.7. A covenant in lieu of Unity of Title shall be acceptable where a Unity of Title is required by this Code, but a unity is not practical due to different ownership, provided that said covenant conforms to all of the requirements of Article 7, section 7.1.7.6 of this Code. The terms Unity of Title and covenant in lieu of Unity of Title shall be interchangeable for purposes of this Code. * ARTICLE 7. PROCEDURES AND NONCONFORMITIES TABLE OF CONTENTS DIAGRAM 14 Permitting Process 7.1 Procedures 7.1.1 Authorities 7.1.2 Permits 7.1.3 Application and Review Process 7.1.4 Quasi -Judicial Procedures 7.1.5 Appeals 7.1.6 Notice of hearings 7.1.7 Unity of Title * 7.1.7 Unity of Title 7.1.7.1 When required a. The owner of a property shall submit a Unity of Title in recordable form to the Office of Zoning providing that all of the property encompassing the Lot upon which the Building and appurtenances are to be located shall be held together as one (1) tract of land and providing that no part or parcel shall be conveyed or mortgaged separate and apart from the Lot, as set forth under the Building Permit in the following cases: 1. Whenever a Development site consists of more than one (1) Lot, whether or not the combination of Lots is required to meet minimum zoning requirements or the Development site is not platted as a single Development site. 2. Whenever a Unity of Title is required by an ordinance or resolution adopted by the City Commission. City of Miami Page 2 of 7 File Id: I0-0I335zt (Version: 2) Printed On: 12/6/2010 File Number: 10-01335zt 3. Whenever the City of Miami requires a Unity of Title be executed as a condition to the issuance of any Variance or permit or prior to acceptance of any terms of an agreement. No Building Permit shall be issued until any required Unity of Title has been approved by the Zoning Administrator in a form acceptable to the City Attorney and upon proper recording in the Miami -Dade County Public Records at the Owner's sole expense. 7.1.7.2 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. b. The opinion of title shall include the names and addresses of all mortgagees and lien holders, the description of the mortgages or liens and the status of all real estate taxes due and payable. c. 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. d. Prior to submission of a Unity of Title, the owner must also conduct a lien search with the Office of Hearing Boards and the Department of Finance and comply any outstanding code enforcement violations or satisfy any outstanding liens due to the City. 7.1.7.3 Approval The Unity of Title shall be subject to approval by the Zoning Administrator as to Zoning requirements and by the City Attorney as to legal form. 7.1.7.4 Release Any Unity of Title required by this section shall not be released, except as specified in the legal instrument used to record said Unity of Title. Any Unity of Title agreement which does not contain a release clause or procedures for release, may be released by the Zoning Administrator, in a form acceptable to the City Attorney, upon a determination by the Zoning Administrator that the Unity of Title is no longer necessary (i.e. a release may be proper due to a replat of the properties united or the removal of any encroachments which necessitated the unity). In the absence of such a determination, the Unity of Title shall be released only by resolution adopted by the City Commission. Releases approved pursuant to this section shall be recorded in the public records of Miami -Dade County, Florida, at the property owner's expense. 7.1.7.5 Recording The owner shall be solely responsible for the costs of recording the Unity of Title in the Public Records of Miami -Dade County. The Owner shall also be responsible for an administrative fee of $3.50 which shall be payable to the City upon submission of the Unity of Title to the Office of Zoning for consideration. 7.1.7.6 Covenant in lieu of Unity of Title Whenever a Unity of Title is required, pursuant to this section, a covenant in lieu thereof shall be City of Miami Page 3 of 7 File Id: 10-01335zt (Version: 2) Printed On: 12/6/2010 File Number: 10-01335zt 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 Zoning Administrator and any other City officials that may be required. The acceptance of a covenant in lieu of Unity of Title will not constitute a subdivision of land for purposes of this article. The Zoning Administrator 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 Zoning Administrator may confer with 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 Zoning Administrator may approve the covenant in lieu of Unity of Title, subject to review by the City Attorney as to legal form. d. In determining whether a negative effect on the health, welfare, or safety of the community exists, the Zoning Administrator shall review the effect of: 1. The off-street parking and loading facilities as related to adjacent streets, including ingress and egress to the subject property, with particular reference to pedestrian safety, convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 2. The utilities of the subject property. 3. 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 T3 (Single Family and Two -Family 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: 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 not to 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 include, but is not limited to: Laj Easements in the common area of each parcel for ingress to and egress from the other parcels; (b) Easements in the common area of each parcel for the passage and parking of City of Miami Page 4 of 7 File Id: I0-0I335zt (Version: 2) Printed On: 12/6/2010 File Number: 10-01335zf vehicles; (c) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (d) Easements for access roads across the common area of each parcel to public and private roadways; (e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (f) Easements on each parcel for construction of buildings and improvements in favor of each other parcel; (g) Easements upon each parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (h) Easements on each parcel for attachment of Buildings; f Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (i) Appropriate reservation of rights to grant easements to utility companies; Appropriate reservation of rights to road rights -of -way and curb cuts; ,(l Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (m)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 the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees, 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, or their designees, all to the end that although the property may have several owners, it will be constructed, conveyed 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, setbacks, parking, open space, floor area 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 of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subiect property over 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. For modifications, amendments, or releases, joinder is required City of Miami Page 5 of 7 File M: 10-01335zt (Version: 2) Printed On: 12/6/2010 File Number. 10-01335zt by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended. (q). The remaining requirements as discussed in this Article concerning a Unity of Title shall also apply to a covenant in lieu of a Unity of Title. 7.1.7.7 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 matters, or shall be accepted as a substitute for any agreements required from the applicant pertaining to joint or shared facilities. 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 a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or reentered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective upon adoption. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: City of Miami Page 6 of 7 File Id: 10-01335zt (Version: 2) Printed On: 12/6/2010 File Number. 10-01335zt {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 7 of 7 File Id: 10-01335zt (Version: 2) Printed On: 12/6/2010