HomeMy WebLinkAboutPZAB (6443) Resolution�`J` 01.. City of Miami City Hall
3500 Pan American Drive
PZAB Resolution Miami, FL 33133
„ www.miamigov.com
Enactment Number: PZAB-R-19-042
File ID: 6443 Final Action Date: 9/18/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF
AN ORDINANCE 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 THE 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 properties with multiple buildings or properties with multiple owners, the
City of Miami ("City") accepts Covenants in lieu of Unity of Title pursuant to Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, Covenants in lieu of Unity of Title allow for the flexible internal division of
land amongst multiple property owners while being bound to a common site plan and providing
for private easement and operating agreements to ensure the property encumbered by the
Covenant in lieu of Unity of Title 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 Covenants in lieu of Unity
of Title in T3 transect zones; and
WHEREAS, the City wishes to allow Covenants in lieu of Unity of Title in the T3-0
Transect Zone in order to promote individual ownership of properties with twin homes or
duplexes without requiring the submission of the same to the condominium form of ownership;
and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the passage
of the proposed changes, including changed or changing conditions that make the passage of
the proposed change necessary; and
WHEREAS, PZAB finds that it is in the best interest of the City and its residents to
recommend approval of the amendment as specified herein;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 6443 (Revision: A) Printed On: 912312019
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this Section.
Section 2. The PZAB hereby recommends to the City Commission to amend the Miami
21 Code amending Article 7, Section 7.1.7.6 in the following particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.7.6 Covenant in lieu of Unity of Title
e. A Covenants in lieu of Unity of Title shall not be accepted for residential properties in
T3 -R and T3 -L Transects (Single Family and Tele Family ResideR ). A Covenant in
lieu of Unitv of Title may be accepted in the T3-0 Transect (Two -Family Residential)
provided that the amount of multiple owners of the orooertv not exceed the number of
Dwelling Units constructed thereon.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
F ncisco Ga cia Director Execution ate
CLQ} epartment of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Eft CrA LR,6 , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THISV DAY OF S T00i 1 , 201ci.
SNwAo, (aoo-La1e7-
Print Notary Name &1icte of Florida
Personally know J or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires
^� SILVIAGONZALEZ
�g MY COMMISSION # GG 051561
*.� o EXPIRES: November 30, 2020
•-10F Bonded Thru Notary Public Underwiters
' 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 Page 2 of 2 File ID: 6443 (Revision: A) Printed On: 912312019