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Ord No 25-10-2050ORDINANCE NO. 25-10-2050 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, The Land Development Code on February 20, 2007 was amended by the adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 which amendments modified certain sections of the Land Development Code in order to add to the existing Unity of Title provisions that the City could accept a Declaration of Restrictive Covenants in lieu of a Unity of Title.; and WHEREAS, The purpose of using a Declaration of Restrictive Covenant document was to allow two or more separate owners who want to develop a property (abutting properties) but maintain separate ownership and provide a guarantee to the City that the development will be in compliance with an approved plan and all other City regulations; and WHEREAS; the Declaration of Restrictive Covenant provision was used as part of the settlement agreement related to the City's Municipal Parking Garage in which the City was partnered with a private owner in order to proceed with construction. WHEREAS, recently expressed concerns that the amendments placed in the LDC in 2007 are not necessary because allowing multiple ownership of a single development project can result in serious problems in the form of development approvals, construction regulation and long term property maintenance; and WHEREAS, an executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants; and WHEREAS, the Planning and Zoning Department prepared an amendment to Land Development Code which contains the necessary changes to remove from three different sections all references to and regulations related to the Declaration of Restrictive Covenants in lieu of a Unity of Title; and WHEREAS, The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. Ord. No. 25 -10 -2050 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section i. That Section 20 -5.16 entitled "Unity of title submittal and procedures is hereby amended to read as follows: ARTICLE V. PROCEDURES AND APPLICATIONS 20 -5.16 Unity of title submittal and procedures. E4kep=&= A Unity of Title, as defined in section �unity of title shall be required as specified below and shall be a prerequisite to the issuance of a building permit. (A)fLal Required A unity of title Of fitle shall be required in the following cases: Whenever the building site consists of more than one lot or parcel and the main building is located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site. 2. Whenever the building site consists of more than one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements. 3. Whenever a unity of title is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the city commission. (B) Submittal. A unity of title shall be submitted to the planning and zoning department. (C) Approval. Once a unity of title �_ _ a _r _ .:__ _� :�.:�.� : ,:�._ �.._: has been approved by the city commission, it shall be subject to approval by the city attorney as to form and content. (D) Recording. A unity of title shall be recorded in the public records of Miami -Dade County prior to the issuance of any building permit. The unity of title ._ "- -- unky 4=tisle shall run with the land and shall be binding upon the property owner, his /her successors and assigns. The owner shall pay the fee as required for recording a unity of title _ _ _ w:__ _r.. _ I'_6­8 : 1 Ou - fun:...,.r;.:.,, in the public records of Miami -Dade County. (E) Release. Any unity of title required by this section shall not be released except upon approval by resolution passed and adopted by the city commission, after a public hearing, and executed by the city manager and the city clerk. The release of the unity of title se =the ° ';—­A-• ° - of 4& is contingent upon a cessation of the conditions and /or criteria which originally required the execution of the subject unity of title. Ord. No. 25 -10 -2050 °-- --=-- ._____..._. •_ - —__:: mac_. ,.- --= rte:---- ° - -° - ------ -�- -_ " -= n�soeerf mI Vm Ord. 0o^ 25-10-2050 All FEW I MIR EMU see All MIR All Ord. no. 25 -10 -2050 Note: New wording shown in bold/underlined; wording to be removed shown in=44k4-4hroughj Section 2. That Section 20 -7.30 entitled "Unity of Title or Declaration of Restrictions in Lieu of Unity of Title required" is hereby amended to read as follows- ARTICLE VII. HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.30 Unity of Title required. (A) A Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the I4D if any of the following conditions exist: (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right -of -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. Section 3. That Section 20 -8.16 entitled "Unity of Title or Declaration of Restrictions in Lieu of Unity of Title required" is hereby amended to read as follows. ARTICLE VIII. TRANSIT - ORIENTED DEVELOPMENT DISTRICT 20 -8.16 Unity of Title required. (A) A Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the TODD if any of the following conditions exist: Ord. no. 25 -10 -2050 (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right -of -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 7`" day of September, 2010 ATTEST: � - A- P�PR —OVED: 2TyaC9 LRK MAYOR 1" Reading - 8/17/10 2 "a Reading - 9/7/10 READ AND APPROVED AS TO FORM AND SUFFICIENCY CaATTO CO MMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea (New wording in bold and underlined; wording removed in ` ke ° - ^ ) Z: 1Comm items1201 M- 3- 10U-DC Amend Declaration of Coven Ord.doe CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM South Miami AA•Amer t AY rr 2001 To: The Honorable Mayor Stoddard and Members of the City Commission 'via: Buford R. "Randy" Witt, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning I Date: August 3, 2010 ITEM Subject: An ordinance of the Mayor and City Commission of the City of South Miami, Ftorida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20-8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND In 2007 the City Commission amended certain sections of the Land Development Code in order to add to the existing unity of Title provisions. The add on was to allow the City to accept a Declaration of Restrictive Covenants in lieu of a Unity of Title. The purpose of using a Declaration of Restrictive Covenant document was to allow two or more separate owners who want to develop a property (abutting properties) but maintain separate ownership and provide a guarantee to the City That the development will be in compliance with an approved plan and all other City regulations. This provision was used as part of the settlement agreement related to the City's Municipal, Parking Garage in which the City was partnered with a private owner in order to proceed with construction. The 2007 provisions were drafted by the City Attorney's office and amended into the Land Development Code on February 20, 2007 by the adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 (see attached). The Planning Board did review the two ordinances at its November 29, 2006 meeting at which time the Board recommended that the amendments not be adopted (denied). Copies of excerpts from this meeting are also attached. RECONSIDERATION REQUESTED The City Attorney and the Mayor have recently expressed concern that the amendments placed in the LDC in 2007 are not necessary and should be removed from the Land Development Code. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals, construction regulation and long term property maintenance. An executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Attached is a draft ordinance which contains the necessary amendments to the Land Development Code removing from three different Code sections all references to and regulations related to the Declaration of Restrictive Covenants in lieu of a Unity of Title. Q PLANNING BOARD ACTION: The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay recommending approval of the prgposed amendment. RECOMMENDATION It is recommended that the amendments as set forth in the attached draft ordinance be approved. Backup Documentation: Draft Ordinance Ordinance. No. 04 -07 -1905 _ Ordinance No. 05 -07 -1906 Planning and Zoning Department Staff Report 6 -15 -10 Planning Board Minutes Excerpt 6 -15 -10 Planning Board Minutes Excerpt 11-29-06.. TJv /SAY X:\Comm ItemsU0i0 \8- 3- l0\LDC Amend Declaration of Coven CM Repod.doc V 7 r iii t a L 't t 1 ' L r ( +L T ?. •., 6 �1 x#L .a • =.�LY� J 9 IO 12 13 14 15 17 Note: New wording shown in bold/underlined; wording to be removed shown in-*Wk�Apwgb} 18 19 Section 2 That Section 20 -7.30 entitled "Unity of Title or Declaration of Restrictions in 20 Lieu of Unity of Title required" is hereby amended to read as follows - 21_ 22 ARTICLE VII. 23 HOMETOWN DISTRICT OVERLAY ORDINANCE 24 25 26 20 -7.30 Unity of Title r -Y sYr_n r required. 27 n t rn _ :_ r : ,. ,.gr r..;�, _r T:.r., as set 28 (A} A Unity of Title eF�,- �z�-�� �ff�`���°> 29 forth in Section 20 -5.16, is required for all platted lots in any development project within the HD if 30 any of the following conditions exist: 31 32 (1) If a development project is to be built on two (2) or more abutting platted lots; 33 3'4 (2) If. the permitted density of a development project is based upon the averaging of 35 two (2) or more platted lots either abutting or located on the opposite sides of a 36 public right -of -way or alley; 37 38 (3) If the required parking for a development project is located on a lot other than on the 39 site which is generating the required parking. 40 41 42 43 Section .3 That Section 20 -8.16 entitled "Unity of Title or Declaration of Restrictions in 44 Lieu of Unity of Title required" is hereby amended to read as followR 45 46 ARTICLE VM. 47 TRANSIT- ORIENTED DEVELOPMENT DISTRICT 48 49 50 20 -8.16 Unity of Title n t CT Y _ .. CTZAyy= y3' T:+9 required. 51 52 (A) A Unity of Title's as set 53 forth in Section 20 -5.16, is required for all platted lots in any development project within the 54 TODD if any of the following conditions exist: 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 9 (1) If development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right -of -way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance'are hereby repealed. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason heId invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 sc Reading — 2 "d Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY CITY ATTORNEY day of 2010 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: (New wording in bold and underlined; wording removed in s--&e4h#ou9h) X kComm ltems1201018- 3- IOUDCAmend Vote.Req. Ord.doc To: Honorable Chair and Planning Board Members From: Thomas J. 'Vageline, Director Planning and Zoning Departments Date: June 15, 2010 Re: LDC Amendment — Declaration of Covenants Removal Sec. 20 -5.16 (F); 20 -7.30; 20 -8.16 PB-.10 -009 Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive. Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability;. providing for ordinances in conflict; and providing an effective date. BACKGROUND In 2007 the City Commission amended certain sections of the Land Development Code in order to add to the existing Unity of Title provisions. The add on was to allow the City to accept a Declaration of Restrictive Covenants in lieu of a Unity of Title. The purpose of using a Declaration of Restrictive Covenant document was to allow two or more separate owners who want to develop a property (abutting properties) but maintain separate ownership and provide a guarantee to the City that the development will be in compliance with an approved plan and all other City regulations. This provision was used as part of the settlement agreement related to the City's Municipal Parking Garage in which the City was partnered with a private owner in order to proceed with construction. The 2007 provisions were drafted by the City Attorney's office and amended into the Land Development Code on February 20, 2007 by the adoption of two ordinances, Ordinance. No. 04 -07 -1905 and Ordinance No. 05 -07 -1906 (see attached). The Planning Board did review the two ordinances at its November 29, 2006 meeting at which time the Board recommended that the amendments not be adopted (denied). Copies of excerpts from this meeting are also attached. RECONSIDERATION REQUESTED The City Attorney and the Mayor have recently expressed concern that the amendments placed in the LDC in 2007 are not necessary and should be removed from the Land Development LDCAmendment June 15, 2010 2 Code. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals; construction regulation and long term property maintenance. An executed Unity of Title document and a Development .Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Attached are the proposed amendments to the Land Development Code which will remove from the three sections all references to and regulations related to the Declaration of Restrictive Covenants in lieu of a Unity of Title. RECOMMENDATION it is recommended that the proposed amendments set forth on the attached amendment document (pp. 3 -7) be approved. Attachments: LDCAmendment Document Ordinance. No. 04 -07 -1905 Ordinance No. 05 -07 -1906 Planning Board Minutes Excerpt 11 -29 -07 Public Notices ORDn,TANCENO. 04-07-1905 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIKE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 5.16 OF THE LAND DEVEI.OpMF.NT CODE R1 LATINO TO UNITY OF . TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; pROVTDING FOR SEVERABILI°PY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of, and visitors to, the City of South Miami by enhancing the provisions of the city's land evelopment code. by additional options, which options would d facilitate the growing trend of mixed. use development; and, WHEREAS, the city's Land Development Code provides enhanced regulation of building construction and regulation within the city; arid, VMEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city' only allowed certain developments if the property was tied to a "amity of title', and, 'i V,[MREAS, A Unity of Title is a written agreement executed by and between a property owner a the city, whereby the property owner for a specified consideration by the city agrees that nd the lots constituting a 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 tract; and, WREAS, it is in the best interests of the city, and consistent with mixed use development trends, to provide the city with the option of requiring a declaration 'of restriction in lieu of unity of title, rather than solely the option of a unity of title for development; and, 'FVIE!1REAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project'could be developed with multiple ownership, rather. than a single individual; and, 'VSrIiEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's Land Development Code by providing options to the city, its residents and its businesses Page l of 7 Ord. No. 04 -07 -1905 by providing alternative mechanisms for achieving the site plan protection the city desires; and, VVIIEREAS, the Planning Board at its November 29, 2006 meeting, after a public hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed amendments; and, WI-IEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, of the Land Aevelopmcut Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments. NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND CITY co11 M[SSION of THE CITY OF SOUTH MIAMI; FLORIDA: Section 1. Section 20 -5.16 is amended to reads as follows: 20 -5.16 Unity of title submittal procedures. Either a Unity of Title, as defined in section 20 -2.3, or a Declaration of Restrictive Covenants in Lieu of Unity of Title--shall be required as specified below and shall be a prerequisite to the issuance of a building permit. (A) Required. A Unity of Title or a Declaration of Restrictive Covenants in Lieu of -- Unity of Title shall be required in the following cases: Whenever the building site consists of more than one lot or parcel and the main building is, located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site. 2. Whenever the building site consists of more than.one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements. Whenever a Unity of Title is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the City Commission. (B) Submittal. A Unity of Title or a Declaration of Restrictions in Lieu of Linty of Title shall be submitted to the Planning and Zoning Department. Page 2 of 7 Ord. No 04 -07 -1905 Once a Unity of Title or a Declaration of Restrictions in Lieu of (C) Approval. Unity of Title has been approved by the City Commission, it shall be subject to approval by the City Attorney as to form and content. (D) Recording. A Unity of Title or a Declaration of Restrictions * to the issuance Title shall be recorded in the Public Records of Miami- Dade County p of any building permit. The Unity of Title or Declaration of Restrictions in lieu of a. Unity of Title shall ran with the land and shall be binding upon the property owneri his/her successors and assigns. The owner shall pay the fee as required for recording a Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title in the Publ cc Records of Miami -Dade County. (E) Release. Any Unity of Title or .any Declaration of Restrictions in Lieu of Unity of Title required, by this section shall not be released except upon approval by resolution passed and adopted by the City Commission, after a public hearing, and executed by the City Manager and the City Clerk. The release of the Unity of Title or the Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the conditions and/or criteria which originally required the execution of the subject Uni ty of Title. (F) Required provisions to be included in the Declaration of Restrictions in Lieu of Unity of Title. -..a 1. The site or property shall be developed in substantial compliance with the site plan or development order approved by the City Commission. No modification shall be effected in said site plan without the written consent of the then owner(s) of the property, and the submittal of an application to modify the plan or covenant at public hearing before the City Commission. z If the property is developed in phases, each phase will be developed in substantial accordance with the site plan. 3. In the event of multiple ownership subsequent to said site plan approval,, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this ,instrument. Owner further agrees that it will not convey portions of the property to such other parties unless and until the Owner and such other party or parties shall have executed and mutually delivered in recordable form, instrument shall b contain, as an "Easement and Operating Agreement" among other things: Page 3 of 7 (i) easements in the common area of each parcel for ingress to Ord. No. 04 -07 -� 905 and egress from other parcels; easements in the common area of each parcel for the passage and parking of vehicles; easements in the common area of each parcel for the passage and accommodation of pedestrians; qv) easements for access roads across the common area of each parcel to private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor o£ each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, . use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, 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; reservation of rights to grant easements to utility (x) appropriate companies; (xi) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xii) 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 the like. Page 4 of 7 Ord. No. o4_oz -1905 (Xiii) Appropriate agreements to ensure that the property owners are bound by any existing and enforceable declarations of restrictions tied to the underlying properties. The easement provisions or portions thereof may be waived by the City Attorney, if they are not applicable to the subject application. When executed, the Easement and Operating Agreement shall not be amended without the prior written approval of the City Attorney. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. 4. The provisions of the Declaration of Restrictions in Lieu of Unity of Title instrument shall become effective upon their recordation in the public records of Miami -Dade County, Florida; and shall continue in effect for a period of thirty .(30) years after the date of such recordation, after which time they, shall be extended automatically for successive periods of ten (10) years each, unless released in. writing by the then owners of the Property and the City Commission, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. - 5 The provisions of this instrument may be amended or modified by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owner or Owners of the Property, with joinders by all mortgagees, if any, after public hearing. Should this Declaration of Restrictive Covenants be so amended, modified or released, after public. hearing and approval of the City Commission, the City Attorney, or his liter successor, shall forthwith execute a written instrument effectuating and acknowledging such release. 6. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of His/her attorney. This Page 5 of 7 Ord. no. 04 -07 -1905 enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. invalidation of any of the covenants identified in this section 20- 5.16(F), by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 8, All rights, remedies and privileges granted pursuant to the Declaration of Restrictions in Lieu of Unity of Title shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 9. In the event of a.violation of this Declaration, in addition to any bthcr, remedies available, the City of South Miami is hereby authorized to withhold any future permits, and refuse to make any inspections or giant any approval, until such time as the Declaration of Restrictive Covenants in Lieu of Unity of Title are complied with. 10. The Declaration shall be recorded in the public records of Miami - Dade County at the Owner's expense. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Land Development Code. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this2otkday of February, 2007 ATTEST: Y CLE APPROVED: 1111 XOR _ Page 6 of 7 No... 534 -07 -1 905 I"Reading— 12/19/06 2d Reading —2/20 / 07 COMMISSION VOTE: 4 -1 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice MayorWiscombe: Yea Commissioner Bir s: Yea Luis Rigueredo> Commissioner Palmer: tray Na gin Gallop Figueredo, P.A. Commissioner Beckman: Yea Office of City Attorney Page 7 of 7 ORDINANCE NO. 05-07-1906 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING 'i'O THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.I6 RELATING TO. UNITY OF TI'T'LE; PROVIDING FOR THE OPTION OF USING A'DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITTY, .ORDINANCES IN CONFLICT, AND AN .EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desire to promote, protect and improve the health, safety and welfare of the residents and businesses of,, and visitors_ to, the City of South Miami by enhancing the provisions of the city's land development code by providing additional options, which options would facilitate the growing trend of mixed use development; and, WHEREAS, the city's land development code provides enhanced regulation of building construction and regulation within the city; and, WHEREAS, pursuant to section 20 -5.16 of the land development code, the city allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of title, and, WHEREAS, it is in the best interests of the city, and consistent with mixed use development trends, and particularly, within the TODD district, to provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than sotely the option of a unity of title for development; and, WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would provide the same safeguards, provided however, there project could be developed with multiple ownership, rather than a single individual; and, WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's land development code by providing options to the city, its residents and its businesses by providing alternative mechanisms for achieving the site plan protection the city desires; and, WHEREAS, the Mayor and City Commission desire to amend sections 20-730, and 20 -8.16, of the Land Development Code to provide for either a unity of title or a declaration of restrictions in lieu of a unity of title for developments within the Hometown district or the TORT) district. Additions shown by nnderlinin� and deletions shown by eN�ersWkia^ a pg,.2 of Ord. No. 05- 071906 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMIVI.ISSION OF THE CITY OF SOUTH. NB ANTI, FLORIDA: Section I. Section 20 -7.30 is amended to read as follows: 20- 7.30:' Unity of tDtle or Declaration of Restrictiotts in Lieu of Unity of Title required. (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the HD if any of the following conditions exist (1) If a development project: is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two or more platted lots either abutting or located on the opposite side of a public right -or -way or alley. (3) If the required parking for a development project is located do a lot other than on the site which is generating the required parking. Sectiott 2. Section 20 8.16 is amended to reads as follows: 20 -8.16 Unity of ffiile or Declaration of Restrictions in Lieu of Unity of Title required. (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any development project within the TODD if any of the following conditions exist:; (I) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two or more platted lots either abutting or located on the opposite side of a public right -or -way or alley; (3) I£ the required parking for a development project is located on a lot other than on the site which is generating the required parking. Additions showa by underlining and deletions shown by 4v6r- . 3 of Ord. No. 05 -07 -1906 Section 3, If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be codified and included in the Code of Ordinances. Section 6. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this 2 0 t1day of February, 2007. ATTEST: READ" AND APPROVED AS TO FORM: Luis . Fi�ueredo, Na m Gallop Figueredo, P.A. office of City Attorney APPROVED: MAYOR: I" Reading— 1 /9/07 2na Reading —2/ 20 /07 COMMISSION VOTE: 4-1 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Birts: Yea Commissioner Palmer: Nay Commissioner Beckman: Yea Additions shown by underlining and deletions shown by �''�"" .rv�T.s�T:�` p CITE' OF SOUTH MIAMI PLANNING BOARD Regular Meeting DRAFT Meeting Minutes Tuesday, June 15, 2010 City Commission Chambers 7:30 P.M. EXCERPT 1. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:46 P.M. The Pledge of Allegiance was recited in unison. 11. Roll CaII Action: Vice Chair Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr. Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates. City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator). Deputy City Attorney: Mr. Mark Goldstein III.: Planning Board Applications /Public Hearings PB -10 -009 Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5,16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title'; amending Section 20 -7.30 (A) and Section 20 -8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date, Planning Board Meeting June 15, 2010 Excerpt Page 2 of 3 Action: Mr. Morton read the item into the record. Mr. Youkilis informed the Board. that in 2007, the City Commission adopted an ordinance amending the LDC to expand the definition of Unity of Title primarily because the unity of title instrument could not be used for the City's parking garage project. There has been concern that this could be used in other property and development sites. Allowing multiple ownership of a single development project can result in serious problems in the form of development approvals, construction regulation and long term property maintenance. An executed Unity of Title document and a Development Agreement (between one owner and the City) can serve the same purpose as the Declaration of Restrictive Covenants. Mr. Whitman questioned what the definition of the Unity of Title is and does it include common ownership. Mr. Youkilis replied that when, there are properties that have to be tied together in order to obtain level of development rights. Mr. Vageline commented that one of the common issues is if an owner owns two separate lots and wants to build 'a single building, unless there is a Unity of Title you cannot build across a common property line. Mr. Whitman questioned if there are two different property owners is it difficult for them to get Unity of Title? Mx. Goldstein responded that a unity of title ensures that those parcels on a very long term basis are held together and to make sure that it is developed as a single site. Mr. Youkilis commented that the owner has to be the owner of all the lots that are being placed in the Unity of Title. Mr. Morton questioned what about if it was three individuals trying to put all the lots together? Mr. Goldstein replied that they could all joint ownership; it is a mechanism of stabilizing development and a Unity of Title could be released. Mr. Cruz questioned the title of the bank development. Mr. Youkilis responded that all of the lots are owned by a corporation. Mr. Whitman commented that the big fear is that it would make it easier for a project to produce PUD. All of a sudden certain limitations no longer.limit you, but you would not have to change the zoning and it would be easier for property owners. Mr. Whitman questioned is it difficult for three different property owners to get a Unity of Title on the property? Mr. Goldstein responded that if the owners are .willing to jointly own the properties and the concept would be that they would have serious commitment in getting the project done. Mrs. Beckman questioned would this change influence the Mark Richman garage situation or would they be in violation? Mr. Goldstein replied that this would operate prospectively. Planning Board, Meeting June ,15, 2010 Excerpt Page 3 of 3 The Vice Chair opened the public hearing. No speakers The Vice Chair closed the public hearing. Motion: Mrs. Beckman moved to approve the application. Mrs. Young seconded. Vote: 6 Ayes 0 Nays TJV(SAY X: \Comm ltems\2010 \8- 3 -10\PB Minutes 6- 15- 2010\PB.Minutes.6.15.2010 Excerpt Declarastion.doc GOV iNCORFORAM 927 tpR1O R CITY OF SOUTH MIAMI PLANMNG BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. H. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr, Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, A1CP (Acting Planning Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia L auderman (Planning Board Secretary). M. Planning Board Applications J Public Hearing (E)PB -06 -036 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SE'VERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Action: Mr. Farfan read the ordinance into the record. The City Attorney Eve Boutsis provided a background summary on the proposed ordinance. Ms. Boutsis indicated that presently Section ,20 -5.16 of the Land Development Code requires a Unity of Title when a proposed development project is to be built on two or more platted lots. However, Ms. Boutsis stated that making the change to allow developers to form a joint venture would Planning Board Meeting November 29, 2006 Page 2 of 2 benefit the city because it would allow South Miami to impose more demands:. Additionally, this ordinance is in the best interests of the City and consistent With mixed use development trends. It will provide the city with the option of requiring a declaration of restriction in lieu of unity of title, rather than solely the option of unity of title for development. Furthermore, she not that the use of declaration of restrictions in lieu of unity of title would provide the same safeguards, and will allow for a project to be developed with multiple ownership, rather than a single individual. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT/OPPOSE Kathy McCann Opposed Ms. McCann indicated she did not see the advantage of the City using the declaration of restrictions in lieu of the declaration of restrictions. Dean .Whitman Opposed Ms. Whitman expressed his concern of the proposed ordinance and stated that the change was not needed but seem to him dangerous to get into. Chris Cooke - Yarborough Neutral Mr. Yarborough first expressed his concern for why was the proposed ordinance drafted in the first place. Secondly, he noted his skepticism about the ordinance because the current unity of title works fine, therefore, if the ordinance is not faulty then why should it be . changed. However, he urged the Board to review thoroughly the ordinance and determine if indeed it was in the City's best interest. Beth Schwartz Opposed Ms. Schwartz re- iterated Mr. Whitman concern about the ordinance and urged the Board to not support the ordinance because it is a dangerous change for the City. To conclude she noted that the proposed ordinance is not a good idea. Chairman Morton closed the public hearing. Motion: Ms. Young -made a motion recommending denial of the proposed ordinance. Ms. Beckman seconded the motion. Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfni) KAMM Minutes\2006 MinutesWB M1NS 11 -29 -06 Excerpt 06- 036:dm r; CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2006 City Commission Chambers '/:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Eve Boutsis (City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (F)PB -06 -037 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUT -H MIAMI, FLORIDA, RELATING TO TIME (LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Action: Ms. Beckman read the ordinance into the record. Mr. Youkilis explained that the proposed amendment to Section 20 -8.16 simply allows the City to accept a "Declaration of Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and platted lots in the TODD zoning district. In addition, Mr. Youkilis stated that the TODD zoning district section of the Code also specifies when a unity of title is Planning Board Meeting November 29, 2006 Page 2 of 2 required and further refers back to the more detailed section on unity of title which is Section 20 -5.16. He noted that it is proposed that this section also be amended to include the alternative use of a Declaration of Restrictions in Lieu of Unity of Title. The Board determined no fiuiher discussion was needed due to this ordinance being part of the previous ordinance (PB -06 -037). Chairman Morton opened the public hearing. No one spoke on this item. Chairman Morton closed the public hearing. Notion: Ms. Beckman recommended a motion to deny. Ms. Young seconded the motion. 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