01-23-07 Item 12South Miami
NI- AmedcaCNY
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 r
Date: January 23, 2007 ITEM No.
Subject:
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.
Background:
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 TODD zoning district: (Section 20 -8.16) and the Hometown Zoning
District (Section 20 -7.30) of the Code both specify when a unity of title is required and further refers
back to the more detailed section on unity of title which is Section 20 -5.16. It is proposed that these two
sections also be amended to include the alternative use of a Declaration of Restrictions in Lieu of Unity of
Title.
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 Sections 20 -7.30 and 20 -8.16 simply allows the City to accept a
"Declaration of Restriction" in lieu of the Unity of Title hen approving a development on two or more
abutting and platted lots in the TODD zoning district.
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.
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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
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 -037 LDC Amend Unity 20 -7.30 20 -8.16 CM Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
5 LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30
6 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR
7 THE OPTION OF USING A DECLARATION OF RESTRICTIVE
8 COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR
9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami desire
13 to promote, protect and improve the health, safety and welfare of the residents and
14 businesses of, and visitors to, the City of South Miami by enhancing the provisions of the
15 city's land development code by providing additional options, which options would
16 facilitate the growing trend of mixed use development; and,
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18 WHEREAS, the city's land development code provides enhanced regulation of
19 building construction and regulation within the city; and,
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21 WHEREAS, pursuant to section 20 -.5.16 of the land development code, the city
22 allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of
23 title, and,
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25 WHEREAS, it is in the best interests of -the city, and consistent with mixed use
26 development trends, and particularly, within the TODD district, to provide the city with
27 the option of requiring a declaration of restriction in lieu of unity of title, rather than
28 solely the option of a unity of title for development; and,
29
30 WHEREAS, the use of a declaration of restrictions in lieu of a unity of title
31 would provide the same safeguards, provided however, there project could be developed
32 with multiple ownership, rather than a single individual; and,
33
34 WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
35 163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's
36 land development code by providing options to the city, its residents and its businesses by
37 providing alternative mechanisms for achieving the site plan protection the city desires;
38 and,
39
40 WHEREAS, the Mayor and City Commission desire to amend sections 20 -7.30
41 and 20 -8.16, of the Land Development Code to provide for either a unity of title or a
Additions shown by underlining and deletions shown by everstfilcng
I declaration of restrictions in lieu of a unity of title for developments within the
2 Hometown district or the TODD district.
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4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
6
7 Section 1. Section 20 -7.30 is amended to read as follows:
8
9 20 -7.30: Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
10 required.
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12 (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set
13 forth in Section 20 -5.16, is required for all platted lots in any development project within
14 the HD if any of the following conditions exist ;:
15 (1) If a development project is to be built on two (2) or more abutting platted lots;
16
17 (2) If the permitted density of a development project is based upon the averaging
18 of two or more platted lots either abutting or located on the opposite side of a
19 public right -or -way or alley;
20 (3) If the required parking for a development project is located on a lot other than
21 on the site which is generating the required parking.
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25 Section 2. Section 20 -8.16 is amended to reads as follows:
26
27 20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
28 required.
29
30 (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set
31 forth in Section 20 -5.16, is required for all platted lots in any development project within
32 the TODD if any of the following conditions exist ;:
33 (1) If a development project is to be built on two (2) or more abutting platted lots;
34
35 (2) If the permitted density of a development project is based upon the averaging
36 of two or more platted lots either abutting or located on the opposite side of a
37 public right -or -way or alley;
38
39 (3) If the required parking for a development project is located on a lot other than
40 on the site which is generating the required parking.
Additions shown by underlining and deletions shown by ever-striking.
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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 day of January, 2007.
ATTEST: APPROVED:
CITY CLERK
N � 1_ � I7: 121 R7_ \ > 9 : � i • / � 1 O7: � .` � I Eel
m L� 7 � ►� i i
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
u: sr •
l st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever-striking
SOUr
F DRAFT
• INCORPORATED •
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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.
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 Plarming Director), Eve Boutsis
(City. Attorney), Christian Moya (Video Support), and Patricia Lauderman (Planning
Board Secretary).
I
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 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 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.
Voter Ayes 4 Nays 2 (Mr. Morton, Mr. Farfan)
K:\PB\PB Minutes\2006 Minutes\PB MINS 11 -29 -06 Excerpt 06- 037.doe
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