10South Miami
pll•GmertcaCiV
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
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Via: Buford R. "Randy" Witt, Acting City Manager d6d-t"
From: Thomas J. Vageline, Director
Planning and Zoning Department /0
Date: August 3, 2010 ITEM
Subject:
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 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.
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 proposed 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
TIv /SAY
X: \Comm Items\2010 \8- 3 -10UAC Amend Declaration of Coven CM Report.doc
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ORDINANCE NO.
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.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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5 Section 1. That Section 20 -5.16 entitled "Unity of title submittal and procedures" is hereby
6 amended to read as follows:
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8 ARTICLE V. PROCEDURES AND APPLICATIONS
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20 -5.16 Unity of title submittal and procedures.
=== A Unity of Title, as defined in section 20 -2.3, - _ a °'" °" ' of __.W,t'"
e_.._..-_._ :_ ,:��shall be required as specified below and shall be a prerequisite to
the issuance of a building permit.
(A)� Required. A unity of title '-° °-..':__ .c_...._:_.:.._ _�_.._ ._..:.. ,; F =_ , cf
tole 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 - i i i ° -r_ _._: _1: .:_ ,:.. c,...:,.. o ftid-
shall be submitted to the planning and zoning department.
(C) Approval Once a unity of title or ° .,a,.,-_,,.:__ _c_ ,`..:. «: " �" °` " °' 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„_...; - of _..<_e..`:.... in " °" °F
shall be recorded in the public records of Miami -Dade County prior to the issuance
of any building permit. The unity of title
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 - ° aseh° `:-- °- `-: °': -8 in lieu of unity "` " "° 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
sftitla is contingent upon a cessation of
the conditions and/or criteria which originally required the execution of the subject
unity of title.
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a t@ �Aility
�xaig�
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as tho
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as tho
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to
and refuse.
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Note: New wording shown in bold/undertined; wording to be removed shown in
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 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 (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 or Peolaration required.
(A) A Unity of Title Maration in I iou 4xitle, 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:
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C
(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
ATTEST:
CITY CLERK
1" Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY
CITY ATTORNEY
day of 2016
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
(New wording in bold and underlined; wording removed in )
X 1Comm Items1201 W- 3 -JMLDC Amend Vote Req. Ord doc
To: honorable Chair and
Planning Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
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
LDC Amendment
June 15, 2010
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:
LDC Amendment Document
Ordinance. No. 04 -07 -1905
Ordinance No. 05 -07 -1906
Planning Board Minutes Excerpt 11 -29 -07
Public Notices
ORDINANCE NO.
04 -07 -1905
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION
20 -5.16 OF THE LAND DEVELOPMENT CODE 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 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-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'
only allowed certain developments if the properly was tied to a "unity of title ", and,
WHEREAS, A Unity of Title is 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 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,
WHEREAS, 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,
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
Page 1 of 7
Ord. No. 04 -07 -1905
by providing alternative mechanisms for achieving the site plan protection the city
desires; and,
WHEREAS, 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,
WHEREAS, the Mayor and City Commission desire to amend Section 20 -5.16, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION 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 Unity of
Title shall be submitted to the Planning and Zoning Department.
Page 2 of 7
Ord. No 04 -07 -1905
(C) Approval. Once a Unity of Title or a Declaration of Restrictions in Lieu of
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 in Lieu of 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 or Declaration of Restrictions in lieu of a.
Unity of Title 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 or a Declaration of Restrictions in Lieu of Unity of Title in the Public
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 Unity of
Title.
(F) Required provisions to be included in the Declaration of Restrictions in Lieu of
Unity of Title.
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.
2. 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, and instrument to be known
as an "Easement and Operating Agreement" which shall contain,
among other things:
Page 3 of 7
Ord. No. 04 -07 -1905
(i) easements in the common area of each parcel for ingress to
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;
(iv) 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 of 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;
(x) appropriate reservation of rights to grant easements to utility
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. 04 -07 -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 /her 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
other remedies available, the City of South Miami is hereby
authorized to withhold any future permits, and refuse to make any
inspections or grant 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 this 20t1day of February 2007
ATTEST: APPROVED:
Y CLERK MAYOR j\
Page 6 of 7
Ord. No. 04 -07 -1905
READ AND APPROVED AS TO FORM:
Luis R. o,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
1st Reading — 12/19/06
2nd Reading —2/20/07
COMMISSION VOTE:
4 -1
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Bins:
Yea
Commissioner Palmer:
Nay
Commissioner Beckman:
Yea
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 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
SEVERA.BILTTY, 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 underlinine and deletions shown by .,.ve_,n ag-
b'
Pg.2 of Ord. No. 05 -07 -1906
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 o£ 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
(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 E��ta.
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 20tlday of February, 2007.
ATTEST:
C1- CLE
READ AND APPROVED AS TO FORM:
L . Fibueredo,
NaGallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR.
I" Reading — 1/9/07
2nd 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 "'"' �=
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting DRAFT
Meeting Minutes
Tuesday, June 15, 2010
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 a0:46 P.M.
The Pledge of Allegiance was recited in unison.
H. Roll Call
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? Mr. 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 Items\2010 \8- 3 -10\PB Minutes 6- 15- 2010\PB.Minutes.6.15.2010 Excerpt Declarastion.doc
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11
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CITY OF SOUTH MIAMI
PLANNING 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, AICP (Acting Planning Director), Eve Boutsis
(City Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning
Board Secretary).
III. Planning Board Applications / 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 SEVERABILITY, 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 noted 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
Mr. 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. Farfan)
K- .WBV'B Minutes\2006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 036.doc
,
CITY OF SOUTH MIAMI
PLANNING 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.
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
SOUTH MIAMI, FLORIDA, RELATING TO THE 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 SEVERABMITY, 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 further 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.
Motion: Ms. Beckman recommended a motion to deny. Ms. Young seconded the motion.
Vote: Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan)
KAf'B M Minutes\2006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 037.doc