Ord. No. 05-07-1906ORDINANCE NO. 05-07-1906
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30
AND 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.
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
solely 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 -7.30
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 TODD district.
Additions shown by underlining and deletions shown by eve -ro�g.
Pq.2 of Ord. No. 05- 07- 190.6
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -7.30 is amended to read as follows:
20 -7.30: Unity of tTitle 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 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 on a lot other than
on the site which is generating the required parking.
Section 2. Section 20 -8.16 is amended to reads as follows:
20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
required. i
(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.:
(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 on a lot other than
on the site which is generating the required parking.
Additions shown by underlining and deletions shown by eve .
Pg. 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 20tway of February, 2007.
ATTEST:
OF CLE
READ AND APPROVED AS TO FORM:
Lu s g. Fi ueredo,
NaYm Figueredo, P.A.
Office of City Attorney
APPROVED:
Noce
MAYOR
1" Reading — 1/9/07
2nd Reading —2/20/07
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ^T �-
4 -1
Yea
Yea
Yea
Nay
Yea