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01-23-07 Item 5South Miami NI- AmericaCft CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Direct wow Date: January 23, 2007 ITEM No. 1116 — Subject: 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 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Background: 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. The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed by and between a property owner and the City of South Miami, whereby the property owner for specified consideration by the City agrees that the lots and /or parcels of land constituting the building site shall not be conveyed, mortgaged and /or leased separate and apart from each other and they shall be held together as one tract." The proposed amendment to this Section 20 -5.16 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. A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments utilized by municipalities to implement land use controls on property. Where a Unity of Title generally requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the parcels separately a Declaration of Restrictions in lieu of a Unity of Title essentially provides the City a better mechanism for imposing additional restrictions. Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the land and limit the future use of the property. Deed restrictions may impose a variety of limitations and conditions, for example, they may limit the density or dictate the type of structure that can be erected, or prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows 2 for Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a development project on two or more abutting platted lots. Planning Board Action: The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4 ayes 2 nays recommending denial of the proposed amendment. Recommendation: It is recommended that the draft ordinance be adopted. Backup Documentation: Proposed Ordinance Planning Board Meeting Minutes Excerpt 11 -29 -06 Public notices J P /SAY P: \Comm Items\2007 \1- 23- 07 \PB -06 -036 LDC Amend Unity 20 -5.16 CM Report.doc 1 ORDINANCE NO. 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 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 only allowed certain developments if the property 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 Additions shown by underlining and deletions shown by e stfiking: 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 2 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 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. ( .aA) Required. A_ The Unity of Title or a Declaration of Restrictive Covenants in Lieu of Unity of Title shall be required in the following cases: 1 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. (bB) 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. Additions shown by underlining and deletions shown by everst-filcng i, 1 (sC) Approval. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of 2 Title shall be subject to approval by the City Attorney as to form and content. 3 4 (dD) Recording. A Unity of Title or a Declaration of Restrictions in Lieu of Unity of 5 Title shall be recorded in the Public Records of Miami -Dade County and shall run with 6 the land and Shall be binding upon the property owner, his/her successors and assigns. 7 The owner shall pay the fee as required for recording a Unity of Title or a Declaration of 8 Restrictions in Lieu of Unity of Title in the Public Records of Miami -Dade County. 9 10 (eE) Release. Any Unity of Title or any Declaration of Restrictions in Lieu of 11 Unity of Title required by this section shall not be released except upon approval by 12 resolution passed and adopted by the City Commission, after a public hearing, and 13 executed by the City Manager and the City Clerk. The release of the Unity of Title or the 14 Declaration of Restrictions in Lieu of Unity of Title is contingent upon a cessation of the 15 conditions and /or criteria which originally required the execution of the subject Unity of 16 Title. 17 18 (F) Required provisions to be included in the Declaration of Restrictions in Lieu of 19 Unity of Title. 20 21 1. The site or property shall be developed in substantial compliance 22 with the site plan or development order approved by the City 23 Commission. No modification shall be effected in said site plan 24 without the written consent of the then owner(s) of the Prope , , and 25 the submittal of an application to modify the plan or covenant at 26 public hearing before the City Commission. 27 2. If the Property is developed in phases, each phase will be developed 28 in substantial accordance with the site plan. 29 3. In the event of multiple ownership subsequent to said site plan 30 approval, each of the subsequent owners, mortgagees and other 31 parties in interest shall be bound by the terms, provisions and 32 conditions of this instrument. Owner further agrees that it will not 33 convey portions of the Prope -rty to such other parties unless and until 34 the Owner and such other pggy or parties shall have executed and 35 mutually delivered in recordable form, and instrument to be known 36 as an "Easement and Operating Agreement" which shall contain, 37 among other things: 38 (i) easements in the common area of each parcel for ingress ss to 39 and egress from other ap rcels; Additions shown by underlining and deletions shown by evef I (ii) easements in the common area of each parcel for the passage 2 and parking of vehicles; 3 (iii) easements in the common area of each parcel for the passage 4 and accommodation of pedestrians; 5 (iv) easements for access roads across the common area of each 6 parcel to private roadways; 7 (v) easements for the installation, use, operation, maintenance, 8 repair, replacement, relocation and removal of utility facilities 9 in areas in each such parcel; 10 (vi) easements on each such parcel for construction of buildings 11 and improvements in favor of each such other parcel; 12 (vii) easements upon each such parcel in favor of each adjoining 13 parcel for the installation, use, maintenance, repair, 14 replacement and removal of common construction 15 improvements such as footings, supports and foundations; 16 (viii) easements on each parcel for attachment of buildings; 17 (ix) easements on each such parcel for building overhangs, other 18 overhangs and projections encroaching upon such parcel from 19 adjoining parcel such as, by way of example, marquees, 20 canopies, lights, lighting devices, awnings, wing walls and 21 the like; 22 (x) appropriate reservation of rights to grant easements to utility 23 companies; 24 (xi) easements in favor of each such parcel for pedestrian and 25 vehicular traffic over dedicated private ring roads and access 26 roads; and 27 (xii) appropriate agreements between the owners of the several 28 parcels as to the obli�,ation to maintain and repair all private 29 roadways, parking facilities, common areas and the like. 30 (xiii) Appropriate agreements _ to ensure that the property owners 31 are bound by any existing and enforceable declarations of 32 restrictions tied to the underlying properties. Additions shown by underlinin and deletions shown by everstfiking 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 5 The easement ,provisions or portions thereof may be waived by the City Attorney, if he L—Y 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 mayontain 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 (e 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. Should this Declaration of Restrictive Covenants be so amended, or modified, the City Attorney, or his successor, shall forthwith execute a written instrument effectuating and acknowledging such amendment or modification. The provisions of this instrument may be 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 released, after public hearin€; 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 such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Additions shown by underlining and deletions shown by evetstrikiing. 1 7. Invalidation of anv of the covenants identified in this section 20- 2 5.16(F), by judgment of Court shall not affect an_y of the other 3 provisions, which shall remain in full force and effect. 4 8. All rights, remedies and privileges granted pursuant to the 5 Declaration of Restrictions in Lieu of Unity of Title shall be deemed 6 to be cumulative and the exercise of any one or more shall neither be 7 deemed to constitute an election of remedies, nor shall it preclude 8 the party exercising the same from exercising such other additional 9 rights, remedies or privileges_ 10 9: In the event of a violation of this Declaration, in addition to anv 11 other remedies available, the City of South Miami is hereby 12 authorized to withhold anv future permits, and refuse to make any 13 inspections or rag�nt anapproval, until such time as the Declaration 14 of Restrictive Covenants in Lieu of Unity of Title are complied with. 15 10. The Declaration shall be recorded in the public records of Miami - 16 Dade County at the Owner's expense. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 ATTEST: day of , 2007 APPROVED: CITY CLERK MAYOR 1 st Reading — 2" d Reading — Additions shown by underlining and deletions shown by everstfik-ing Additions shown by underlining and deletions shown by °•�°� g. 7 1 2 COMMISSION VOTE: 3 READ AND APPROVED AS TO FORM: Mayor Feliu: 4 - Vice Mayor Wiscombe: 5 Commissioner Birts: 6 Luis R. Figueredo, Commissioner Palmer: 7 Nagin Gallop Figueredo, P.A. Commissioner Beckman: 8 Office of City Attorney 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 Additions shown by underlining and deletions shown by °•�°� g. � I soU U ~ DR , . Mt INCORPORATES 1927 0Rj4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Wednesday, November 29, 2.006 City Commission Chambers 'x: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 calla - 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 forma joint venture would Planning Board Meeting November 29, 2006 Pa e 2 rip) g 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:\PB\PB Minutes\2006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 036.doc 73 -; " 1VTOM, ARE WE . T-11-EIRE, YET ?„ z And you thought they'd never say'that about school(' - } Kids spend more time • Prel( 3 throdgh 5th Grade . 'z at school than at home: Academic Enrichment Classes N Make the most of that time •Duly Spanish Classes for K 5th Grade , daw, 4494 anal de, • State -of- the -Art Media Center • Fully Equipped Science Lab Small Class Sizes 5 • Extended Day Programs • InfanAbddlerProgram F Accredited by Christian Schools of Florida . E KENDALL:CHRISTI, a - A Nunistry of keridall Presbyterian Cburch -.. OPEN HOUSE WED. JAN. 17 i 9:00 AM 8485 SW 112th St., Miami; FL 33156 •, (305) 271 -3723. • wwwkendallchristian cam = � 7 C OURTESY NOTICE CITY OF.SOUTH`MIAMI, FLORIDA` On Tuesday, January 23 2007 beginning at i.-36 p.m., in the City Commission �` Chambers, Sunset Drive, the City Commission will hold Public Hearings to • - ,� . -6130 consider the following Items:::: '. .�' " AN ORDINANCE RELATING TO DRAINAGE, AMENDING SECTION 10A-45 OF THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR'., EXCESSIVE PONDING ON ADJOINING PROPERTIES OR :PUBLIC RIGHTS - y OF -WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND DRAINAGE ORDINANC E RELATING TO CERTIFICATES OF OCCUPANCY AMENDING SECTION 20-5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION JAN 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF� RESTRICTIVE l OVENANTS IN LIEU OF UNITY OF TITLE .11 AN ORDINANCE RELATING TO. -;THE LAND =DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.15 RELATING TO UNITY OF TITLE; , PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE ? " COVENANTS 114 LIEU OF UNITY OF TITLE. EQUEST FOR THREE VARIANCES OM A RESOLUTION RELATING TO A R FR i SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THECONSTRUCTION OF .A TWO STORY SINGLE FAMILY HOME ON . 'PROPERTY LOCATED.AT 8350 SW ea AVENUE; SOUTH MIAMI, FLORIDA . ) WITHIN THE "IIS=4" SINGLE FAMILY RESIDENTIAL- ZONING USE DISTRICT,-, _ THE ,VARIANCES REQUESTED ARE,. (1) A VARIANCE TO ALLOW THE LOT, ! SIZE OF A BUILDING SITE TO BE 4798 SQUARE FEET WHERE AMINIMUM -; # LOT SIZE OF 6000 SQUARE FEET 1S REQUIRED AND 47 FEET OF,- ;: I FRONTAGE WHERE 60 FEET IS REQUIRED; `(2),AVAItIANCE SO PERMIT AN INTERIOR SIDE YARD SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS REQUIRED; :(3) A VARIANCE TO ALLOW THE SQUARE y FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE § (100%) AS THE FIRST FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND ; FLOOR IS TO:.BE LIMITED TO 60% OF THE FIRST-FLOOR SQUARE . FOOTAGE.:. A RESOLUTION RELATING TO `A REQUEST FOR' VARIANCES FROM - SECTION 20 -3.5( OF THE LAND ;DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON i , PROPERTY LOCATED AT. 6016 SW 63 STREET, SOUTH: MIAMI, FLORIDA, 7 WITHIN THE "FIS -4 ". SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT THE VARIANCE REQUESTED IS TO ALLOW A'REAR SETBACK .TO BE 23 FEET 10 INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED w -- A RESOLUTION RELATING TO THE ISSUANCE `OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND THE _ DEVELOPMENT CODE FOR REPLACEMENT OF WINDOWS IN A SINGLE FAMILY. RESIDENCE LOCATED' -AT:- -8250 MILLER ROAD' WITHIN THE I CAMBRIDGE LAWNS HISTORIC DISTRICT Above Items can be m d rin speed, in the City Clerk s Office Monday Friday dug • r f regular office hours. „. If you have anyinquiries on the above items please contact the City Clerks office at: 305- 663 - 6326. _ = -�s. ' ALL interested parties are Invited to attend -and will be heard a' -Marla M. Menendez, CM C a City Clerk Pursuant to Florida Statutes 286.0105, the Cay hereby'edJfsea the - public that if person - decides to ap eat any decision made by this Board, Agency or Commission with respect to any - -" matter and considered at its meeting or hearing, he or she wll need a record of the proem in a, that for such purpose, affected person may' need to ensure that a verbatim record, of the U Pp roceedings Is made which record includes the testimony and evidence upon which the appeal .. s to be based. 3 S