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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, SECTION 7.1.7.6., TITLED "COVENANT IN LIEU OF UNITY
OF TITLE," TO PROVIDE FOR THE ACCEPTANCE OF COVENANTS IN
LIEU OF UNITY OF TITLE FOR PROPERTIES IN A 73-0," SUB -URBAN
TRANSECT ZONE — OPEN, IN ORDER TO ALLOW FOR INDIVIDUAL
OWNERSHIP OF UNITS ON LOTS IN SAID TRANSECT ZONE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami.
PURPOSE: This ordinance will amend Article 7, Section 7.1.7.6., titled "Covenant in lieu of
Unity of Title," to provide for the acceptance of Covenants in lieu of Unity of Title for properties
in the 73-0" Sub -Urban Transect Zone — Open; in order to allow for individual ownership of
units on lots in said transect zone.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 18,
2019, by a vote of 5-2.
City of Miami File ID: 6546 (Revision:) Printed On: 12/19/2019
City of Miami City Hall
_
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13878
File Number: 6546 Final Action Date: 11/21/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 7, SECTION 7.1.7.6., TITLED "COVENANT IN LIEU OF UNITY
OF TITLE," TO PROVIDE FOR THE ACCEPTANCE OF COVENANTS IN
LIEU OF UNITY OF TITLE FOR PROPERTIES IN A 73-0," SUB -URBAN
TRANSECT ZONE — OPEN, IN ORDER TO ALLOW FOR INDIVIDUAL
OWNERSHIP OF UNITS ON LOTS IN SAID TRANSECT ZONE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, for development of properties that would normally require a Unity of Title
pursuant to Section 7.1.7.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), the City of Miami ("City") accepts Covenants in lieu of
Unity of Title ("CIL") pursuant to Section 7.1.7.6 of the Miami 21 Code; and
WHEREAS, CIL allow for the flexible internal division of land amongst multiple property
owners while binding the overall property to a common site plan and providing for private
easement and operating agreements amongst the multiple owners to ensure the property
encumbered by the CIL operates as one unified site pursuant to the Miami 21 Code; and
WHEREAS, Section 7.1.7.6(e) of the Miami 21 Code prohibits CIL in 73," Sub -Urban
Transect Zones; and
WHEREAS, the City wishes to allow CIL in 73-0," Sub -Urban Transect Zone — Open, in
order to promote individual ownership of units on properties with twin homes or duplexes
without requiring the submission of the same to a condominium form of ownership; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on September 18,
2019, following an advertised public hearing, adopted Resolution No. PZAB-R- 19-042 by a vote
of five to two (5-2), Item No. PZAB.5, recommending approval of this item;
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.
City of Miami File ID: 6546 (Revision:) Printed On: 12/19/2019
Section 2. Article 7, Section 7.1.7.6 of the Miami 21 Code is hereby amended in the
following particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.7.6 Covenant in lieu of Unity of Title
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 v Fcmily ReG al-). A Covenant in
lieu of Unitv of Title may be accepted in the T3-0 Transect (Two-Familv Residential)
provided that the amount of multiple owners of the property not exceed the number of
Dwellinq Units constructed thereon.
*„
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 shall 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 final reading and
adoption thereof.
APPROVED AS TO FORM AND CORRECTNESS:
t�i'6 ria i "ndez, City A tt—or .iey __) 10/10/2019
' 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.
City of Miami File ID: 6546 (Revision:) Printed On: 12/19/2019