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HomeMy WebLinkAboutO-13945City of Miami Ordinance 13945 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7842 Final Action Date: 11/19/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", ARTICLE 7, SECTION 7.1.7.3, TITLED "APPROVAL", SECTION 7.1.7.4, TITLED "RELEASE", AND SECTION 7.1.1.6, TITLED "COVENANT IN LIEU OF UNITY OF TITLE", TO REQUIRE APPROVAL BY ADDITIONAL ENUMERATED OFFICIALS FOR ANY RELEASE OF A UNITY OF TITLE, COVENANT IN LIEU OF UNITY OF TITLE, AND OTHER RESTRICTIVE COVENANTS IN ADDITION TO APPROVAL BY THE ZONING ADMINISTRATOR; IMPOSING ADDITIONAL SUBMISSION REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE RELATING TO SURVEYS AND LEGAL DESCRIPTION SKETCHES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, on September 2, 2020, the Planning, Zoning and Appeals Board ("PZAB"), at a duly noticed public hearing, considered PZAB Item No. 4 and adopted Resolution No. PZAB- R-20-030, which reflects a motion to approve that failed by a vote of four to five (4-5) due to lack of a supermajority vote; and, WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the Miami 21 Code requires that in certain circumstances, a property owner, as a condition precedent to receiving a building permit or as a condition of certain development permits, execute and record in the public records of Miami -Dade County a restrictive covenant known as a unity of title which provides that the owner's property must "be held together as one (1) tract of land and providing that no part or parcel shall be conveyed or mortgaged separate"; and WHEREAS, Section 7.1.7.4 of the Miami 21 Code provides that the Zoning Administrator may release a unity of title upon a determination that the same is no longer necessary; and WHEREAS, the City Commission wishes to ensure that in addition to the Zoning Administrator, any potential release of a unity of title is reviewed by the Building Official to ensure such a release will not cause a violation of the Florida Building Code upon disaggregation of the unified lots as well as any and all other necessary City of Miami officials; and WHEREAS, the City Commission has given full consideration to the Planning Director's recommendations as to the proposed text amendment; and City of Miami Page 1 of 7 File ID: 7842 (Revision: A) Printed On: 5/13/2025 File ID: 7842 Enactment Number: 13945 WHEREAS, the City Commission has conducted a public hearing on the proposed text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed text amendment as stated herein necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Article 1 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 1. DEFINITIONS SECTION 1.2 DEFINITIONS OF TERMS 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 is acceptable in situations where a unified lot is required by this Code, but a Unity of Title is not practical due to different ownership. Such covenant must conform to all of the requirements of Article 7, Section 7.1.7.65 of this Code. The terms Unity of Title and covenant in lieu of Unity of Title shall be interchangeable for purposes of this Code. Section 3. Article 7 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 7 File ID: 7842 (Revision: A) Printed on: 5/13/2025 File ID: 7842 Enactment Number: 13945 7.1 Procedures 7.1.7 Unity of Title 7.1.7.2 Specific Requirements For any application, the following information shall be required: a. The owner shall provide a certificate of ownership by 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, if applicable, 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 shall conduct a lien search with the Office of Hearing Boards and the Department of Finance and comply with any code enforcement violations and satisfy any outstanding liens, if applicable, due to the City. e. A legal description and a certified land survey of the site boundaries shall be provided. The survey shall be performed in accordance with the Florida Administrative Code and dated within one (1) year preceedinq the filing date of the application providing such survey accurately reflects all current conditions of the subject property. 6. A signed and sealed "Sketch and Legal Description" created by a Professional Surveyor and Mapper to describe land boundaries and to provide definitive identification of boundary lines. The sketch shall show all information referenced in the legal description and shall state that such sketch is not a survey. 7.1.7.3 Approval No Building Permit shall be issued until the required Unity of Title has been approved by the Zoning Administrator and any other City officials that may be required by the City Managerra-s to Zoning requircmcnts, in a legal form acceptable to the City Attorney and upon proper recording in the Miami -Dade County Public Records at the Owner's sole expense. 7.1.7.4 Rcl acc City of Miami Page 3 of 7 File ID: 7842 (Revision: A) Printed on: 5/13/2025 File ID: 7842 Enactment Number: 13945 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 a replat of the propertics 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 of the City Commission. Releases approved pursuant to this section shall be 7.1.7.44 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. 7.1.7.45 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 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, the Building Official, the directors of the Resilience and Public Works Department and the Planning Department, and any other City officials that may be required by the City ManagerZoning Administrator. 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 cvaluatc the request for submittal of a covenant in lieu of Unity of Title shall be evaluated and the information supplied with regard to its impact on the community. In evaluating the request, the Zoning Administrator may confer with representatives of other departments or agcncics, as may be nece-nary. b. If a negative impact on the community exists, the request for submittal of the covenant in lieu of Unity of Title shall be denied. c. If no negative impact on the community exists, the Zoning Administrator may approve the covenant in lieu of Unity of Title may be approved. d. The following shall be reviewed when 1-n-determining whether a negative impact on the community exists, the Zoning Administrator shall review: 1. The off-street parking and loading facilities related to adjacent streets, including ingress and egress to the subject property, with particular importance on 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 on 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 in T3-R and T3-L Transects (Single Family). A covenant in lieu of Unity of Title may be accepted in City of Miami Page 4 of 7 File ID: 7842 (Revision: A) Printed on: 5/13/2025 File ID: 7842 Enactment Number: 13945 the T3-O Transect (Two -Family Residential) provided that the amount of multiple owners of the property not exceed the number of Dwelling Units constructed thereon. f. The covenant in lieu of Unity of Title, approved for legal form and sufficiency by the City Attorney, or 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: a) 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 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 or 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; i) 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; j) Appropriate reservation of rights to grant easements to utility companies; k) Appropriate reservation of rights to road rights -of -way and curb cuts; I) 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 instruments or portions may be waived if approved by ach of the directors of the Public Works Resilience and Public Works Department and the Planning Department, the Building OfficialDepartment, and the Zoning AdministratorOffice of Zoning, or their designees, if the provisions are inapplicable to the subject property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be modified or amended by such parties (or the applicable association governing City of Miami Page 5 of 7 File ID: 7842 (Revision: A) Printed on: 5/13/2025 File ID: 7842 Enactment Number: 13945 g. such parties) without approval or joinder by the directors, or their designees, if 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 pursuant to section 7.1.7.6. by the Zoning Administrator. With respect to any portion of the subject 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 by the Zoning Administrator, Building Official, and each of the directors of the of Resilience and Public Works -Department -and the Planning Department, the Building Department, and the Office of Zoning or their designees pursuant to Section 7.1.7.6.to execute Oho instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the pr-eperty for the purposes herein intended. 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 7.1.7.6 Modification, amendment, or release No Unity of Title, Covenant in Lieu of Unity of Title, or Declaration of Restrictive Covenant required by this Code, the City Code, or the City Commission shall be modified, amended, or released except as set forth below, unless required to obtain approval by a vote of the Planning, Zoning and Appeals Board and/or the City Commission which shall only occur upon a recommendation of the Release Review Committee applying the criteria in Section 7.1.7.6(a)(1). a. Any application requesting a modification, amendment, or release of a Unity of Title, Covenant in Lieu of Unity of Title, or Declaration of Restrictive Covenant shall be referred to a Release Review Committee, which shall be comprised of the Zoning Administrator, Building Official, and the Directors of the Resilience and Public Works Department, Planning Department, and Code Compliance Department. The Office of the City Attorney shall provide legal services as may be necessary and requested by the committee. The Release Review Committee shall convene within thirty (30) days of receipt of a complete application. 1. All applications shall be reviewed by the Release Review Committee to determine whether the modification, amendment, or release will cause a violation of this Code, City Code, the Florida Building Code, or any other legal rule or requirement as well as whether the modification, amendment, or release would be contrary to the purpose for which the original covenant was executed (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 or is no longer necessary to preserve and protect the property for the purposes herein intended). b. A Unity of Title may be modified, amended, or released by the Zoning Administrator and Building Official, in a form acceptable to the City Attorney, following a recommendation of City of Miami Page 6 of 7 File ID: 7842 (Revision: A) Printed on: 5/13/2025 File ID: 7842 Enactment Number: 13945 approval by the Release Review Committee. Joinder shall be required by each of the Directors of the Resilience and Public Works Department and the Planning Department for any modification, amendment, or release of a Covenant in Lieu of Unity of Title or Declaration of Restrictive Covenant. c. Notification of the Release Review Committee's findings shall be sent to the applicant. If the applicant does not agree with the findings of the Release Review Committee, they may request, in writing, to the Zoning Administrator a review of the findings. The Zoning Administrator shall then reconvene a meeting of the Release Review Committee to discuss the findings with the applicant. In the absence of a determination favorable to the applicant, a Unity of Title, Covenant in Lieu of Unity of Title, or Declaration of Restrictive Covenant shall be released only by resolution of the City Commission at a duly noticed hearing. d. All modifications, amendments, or releases approved pursuant to this Section shall be recorded in the public records of Miami -Dade County, Florida at the property owner's sole expense. e. Any modification, amendments, or releases approved pursuant to this Section shall require an oath and affirmation by the applicant (which if a corporation, partnership, or similar entity shall be deemed that natural person who signs such document) notifying the applicant that any such approval procured through misrepresentation may constitute perjury. f. Any modification, amendments, or releases approved pursuant to this Section by a misleading, false, or fraudulent survey may subject the surveyor who prepared such survey to referral by the City Manager or his / her designee to the appropriate licensing body for disciplinary action. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. 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 which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective immediately after approval at second reading.2 APPROVED AS TO FORM AND CORRECTNESS: rider City Attor ridez, City Attor 10/23/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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: 7842 (Revision: A) Printed on: 5/13/2025