2015-3941 Ordinance DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO. 2015-3941
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT IN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A
COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern
Covenants in Lieu of Unity of Title and Unified Development Sites.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter 118, "Administration and Review Procedures," Article I, "In General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 118-5. Unity of title; covenant in lieu thereof.
The term "Unified Development Site" shall be defined as a site where a development is
proposed and consists of multiple lots, all lots touching and not separated by a lot under
different ownership, or a public right of way. A "Unified Development Site" does not include any
lots separated by a public right-of-way or any non-adjacent, non-contiguous parcels.
All applications for building permits where multiple buildings and/or improvements are
proposed for a single lot or where single or multiple building(s) are proposed for a unified
development site consisting of multiple lots, shall be accompanied by one of the following
documents:
« • „ •
by another lot, street, sidewalk or alley.”
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(1) Unity of Title. A unity of title shall be utilized when there is solely one owner of the entire
O Y y
Unified Development Site. TheA unity of title, approved for legal form and sufficiency by the city
attorney, which shall run with the land and be binding upon the owner's heirs, successors,
personal representatives and assigns, and upon all mortgagees or lessees and others presently
or in the future having any interest in the property; or
(2) Covenant in Lieu of Unity of Title. A Covenant in Lieu of Unity of Title or a A declaration of
restrictive covenants, shall be utilized when the Unified Development Site is owned, or is
proposed for multiple ownership, including but not limited to a condominium form of ownership.
The covenant in lieu of unity of title shall be approved for legal form and sufficiency
by the city attorney_ hich-The covenant in lieu of unity of title shall run with the land and be
binding upon the owner's heirs, successors, personal representatives and assigns, and upon all
mortgagees and lessees and others presently or in the future having any interest in the
property. The eleGlaFatien covenant shall contain the following necessary elements:
a. The subject site unified development site shallwill be developed in substantial
accordance with the approved site plan, - • - e'' - ='' ' - - 'e - - - -- - 'e
b. nNo modification to the site plan shall be effectuated without the written consent
of the then owner(s) of the unified development site
for which modification is sought.
c. Standards for reviewin• a modification • .e i - •I<i. A modification ma be
requested, provided all owners within the original unified development site, or their
successors, whose consent shall not be unreasonably withheld, execute the
application for modification. The and the director of the city's planning department
shall review the application and determine whether the request is for a minor or
substantial modification. If the request is a minor modification, the modification may
be approved administratively by the planning director. If the modification is
substantial, the request will be reviewed by the applicable Board, after public
hearing. This application shall be in addition to all other required approvals
necessary for the modification sought.
A minor modification ; - - •='= -- - -- - - - -- •• -- - •- would not
generate excessive noise or traffici; tend to create a fire or other equally or greater
dangerous hazard:L or—provoke excessive overcrowding of peoplei; of tend to
provoke a nuisance;; nor be incompatible with the area concerned when considering
the necessity and reasonableness of the modification in relation to the present and
future development of the area concerned. Should the director withhold such
approval, the then owner(s) of the phase or portion of the property for which
- - - - -- - - -- -- -- - -
matters). - - - - - -- •- - - -- - - - -- -- -• -- - --
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A substantial modification would create the conditions identified above. A substantial
modification , also includes a re•uest to modif the uses on the unified
development site; the operation, physical condition or site plan. AidairAl h
substantial modifications shall be required to return to the appropriate development
review board or boards for consideration of the effect on prior approvals and the
affirmation, modification or release of previously issued approvals or imposed
conditions.
db. That if the unified development site is to be developed in
phases, that each phase will be developed in substantial accordance with the
approved site plan.
es. That Fln the event of multiple ownerships subsequent to site plan approval that each
of the subsequent owners shall be bound by the terms, provisions and conditions of
the covenant in lieu of unity of title:-- - - - - - - - -= . - - - . The owner
shall further agree that he or she will not convey portions of the subject 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, an instrument to be
known as an "easement and operating agreement" which shall include, but not be
limited to .
i. Easements for+tw the common area of each parcel for ingress to and egress
from the other parcels;
ii. Easements in the common areabl of each parcel for the passage and parking
of vehicles;
iii. Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
iv. Easements for access roads across the common area(s) of the unified
development site to public and private roadways;
v. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate areas in the
unified development site ;
vi. Easements on each smash parcel within the unified development site for
construction of buildings and improvements in favor of each such other parcel;
vii. Easements upon each such parcel within the unified development site 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 within the unified development site for
attachment of buildings;
ix. Easements on each parcel within the unified development site for building
overhangs and other overhangs and projections encroaching upon such parcel
from the adjoining parcels 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. Appropriate reservation of rights to road right-of-ways and curb cuts;
xii. Easements in favor of each such parcel within the unified development site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
xiii. Appropriate agreements between the owners of the unified
development site as to the obligation to maintain and repair all private roadways,
parking facilities, common areas and common facilities and the like.
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xiv. Such easement and operating agreement shall contain such other
provisions with respect to the operation, maintenance and development of the
property as to which the parties thereto may agree, or the director may require,
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. The planning department shall treat the unified site as one
site under these land development regulations, regardless of separate
ownerships.
These provisions or portions thereof may be waived by the planning director if
they are not applicable to the subject property (such as for conveyances to
purchasers of individual condominium units). These provisions of the easement
and operating agreement shall not be amended without prior written approval of
the city attorney. In addition, such easement and operating agreement shall
development of the property as to which the parties thereto may agree, or the
fel. The declaration of restrictive covenants shall be in effect for a period of 30 years
from the date the documents are recorded in the public records of Miami-Dade
County, Florida, after which time they shall be extended automatically for
successive periods of ten years unless released in writing by the then owners and
the planning director, acting for and on behalf of Miami Beach, Florida, upon the
demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the property for the purposes herein intended.
fe. Enforcement of the declaration of restrictive covenants shall be by action at law or in
equity with costs and reasonable attorneys' fees to the prevailing party.
* * *
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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f
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 10 day of TAvl e_ , 2015.
Philip Le ink, ;or
/ , /
ATTEST: /4
AliOld C f // . • .ik„,,
R=fael E. - ado, C ty erkoe.,...... ..°9 n'��i�
'�-..• •�, i�� APPROVED AS TO
s r,,,,,y '4 FORM AND LANGUAGE
j .•"'�"�` & FOR EXECUTION
Fop:
4 1:Q _ City Att2r-ey Date
First Reading: May 6, 2015 �i,�
Second Reading' June 10, 2 15 nh1/1 (; 2_p
Verified by:
' i millik 1k ■
Thomas R. Mooney, Al
Planning Director
Underscore denotes new language
Stfil denotes deleted language
Double Underscore denotes clarifying text added after First Reading
[Sponsored by Commissioner Tobin]
[Co-sponsored by Commissioner Grieco]
T:\AGENDA\2015\June\Unified Development Site-ORD Second Reading.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to adopt an Ordinance amendment that provides a definition for a unified
development site.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The subject Ordinance would create a definition for a 'Unified Development' site. Additionally, text
clean-up language modifications are proposed.
On May 6, 2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and set a Second Reading Public Hearing for June 10, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On March 24, 2015, the Planning Board (vote of 5-0), transmitted the proposed Ordinance
amendment to the City Commission with a favorable recommendation. (Planning Board File No.
2241).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Dir•ctor Assistant City Manager City Manager
Orin* EMIRrati MP-'4 1111\
low %imp-
T:\AGENDA\2015\June\Unified Development Site-SUM Second Reading.docx
AGENDA ITEM RS B
DATE b -�
s
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members . the City sit mmission
FROM: Jimmy L. Morales, City Manager
DATE: June 10, 2015 SECOND READING
SUBJECT: Definition of Unified Development ite
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT IN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On June 5th, 2013, at the request of Commissioner Tobin, the City Commission referred
a discussion item to the Land Use and Development Committee, pertaining to the
section of the City Code governing Unities of Title and Covenants in Lieu of Unity of
Title. On January 22, 2014, the Land Use Committee discussed the item and continued
it to the February 19, 2014 meeting in order for staff to properly address the definition of
a `Unified Development Site'. The item was moved from the February 19, 2014 agenda
to the March 19, 2014 agenda.
On March 19, 2014, the matter was discussed briefly and continued to a date certain of
April 9, 2014. On April 9, 2014, the Land Use and Development Committee
recommended that an Ordinance be referred to the Planning Board to amend the
requirements and standards for a `Covenant-In-Lieu' by providing a definition for a
"Unified Development Site."
On September 10, 2014, the City Commission referred the subject Ordinance to the
Planning Board. On September 23, 2014, the Planning Board (by a vote of 6-0)
transmitted the proposed Ordinance to the City Commission with a favorable
recommendation.
Commission Memorandum
Definition of Unified Development Site
June 10, 2015 Page 2 of 2
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use Committee for further discussion and input.
On January 21, 2015 the Land Use and Development Committee recommended that the
subject Ordinance, as well as a companion Ordinance pertaining to ownership and
covenants in lieu related to lot splits, be referred to the Planning Board. On February 11,
2015, at the request of Commissioner Tobin, the City Commission referred both of these
items to the Planning Board.
On April 15, 2015, the City Commission opened and continued the item related to the
"Definition of Unified Development Site" to a date certain of May 6, 2015 so that it could
be heard with the companion item regarding Section 118-321 of the Land Development
Regulations.
ANALYSIS
On March 1, 2013, the Board of Adjustment granted an appeal of an Administrative
Decision of the Planning Director, which denied a proposed transfer of Floor Area (FAR)
for a project on a multi-property site. The Administrative Determination, dated April 10,
2012, concluded that a proposed unification of three (3) properties on Collins Avenue
,through the use of a proposed `Covenant in Lieu of Unity of Title' was not a true "unified
development site" as required by Section 118-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded that
the language of section 118-5 did not restrict the proposed unification, granted the
appeal, and then the Board suggested that refinements be considered to more clearly
restrict the unification of unrelated properties for transfer of floor area.
The following is a summary of the relevant Charter and City Code provisions, and
instruments, pertaining to a Unity of Title and a Covenant in Lieu of Unity of Title:
Miami Beach City Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio
of any property from being increased by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists currently, without being approved by a public
referendum. This underlying principal has been a critical component in the overall
policymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of growth and development.
This Charter provision does include an exception for the division of lots, "or the
aggregation of development rights on unified abutting parcels, as may be
permitted by ordinance." The ordinance referred to is Section 118-5 of the Land
Development Regulations of the City Code, which discusses unities of title, or covenants
in lieu of unity of title, for multiple buildings proposed for a single lot or for single or
multiple buildings proposed for a unified development site consisting of multiple lots.
Section 118-5 - Unity of Title; Covenant in Lieu Thereof
When a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
Commission Memorandum
Definition of Unified Development Site
June 10, 2015 Page 3 of 3
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved.under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owner(s) of the [phase] or portion of the property
for which modification is sought, all owners within the original unified
development site, or their successors, whose consent shall not be unreasonably
withheld, and the director of the city's planning department; provided the director
finds that the modification would not generate excessive noise or traffic, tend to
create a fire or other equally or greater dangerous hazard, or provoke excessive
overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the
modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owner(s) of the
phase or portion of the property for which modification is sought shall be
permitted to seek such modification by application to modify the plan or covenant
at public hearing before the appropriate city board or the city commission of
Miami Beach Florida, (whichever by law has jurisdiction over such matters). Such
application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation,
physical condition or site plan shall also be required to return to the appropriate
development review board or boards for consideration of the effect on prior
approvals and the affirmation, modification or release of previously issued
approvals or imposed conditions.
2. That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, provisions and
conditions of the declaration of restrictive covenants. The owner shall further
agree that he or she will not convey portions of the subject 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, an instrument to be known
as an "easement and operating agreement" which provides for easements
between the parcels. These can contain among other things:
a. Easements in the common area of each parcel for ingress to and egress
from the other parcels;
b. Easements in the common area of each parcel for the passage and
parking of vehicles;
c. Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
areas in each such parcel;
f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
g. Easements upon each such parcel in favor of each adjoining parcel for
Commission Memorandum
Definition of Unified Development Site
June 10, 2015 Page 4 of 4
the installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footings, supports and
foundations;
h. Easements on each parcel for attachment of buildings;
i. Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;
j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road right-of-ways and curb cuts;
I. Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
m. 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 common facilities and the like.
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes,
and do not always have floor area implications. In some instances they are just for the
unification of properties of multiple ownerships for easement purposes. However, when
floor area is implicated, it becomes important to examine the charter language, where
the phrase "unified abutting parcels" becomes pertinent.
When the phrase "unified abutting parcels" is used, along.with the covenant in lieu of
unity of title, it becomes possible to transfer floor area between different ownerships of
abutting parcels. The term "abutting parcels" usually refers to parcels that have lot lines
that touch, not separated by a street or alley. However, regardless of ownership, the
amount of FAR permitted by the Code cannot be increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an
effective planning tool in terms of providing flexibility for the distribution of allowable floor
area within a defined site. Moreover, the existing code does not permit a net increase in
overall FAR, should multiple sites be combined through either a covenant in lieu, or
other legal mechanisms. In order to continue to provide a flexible planning mechanism, it
is recommended that the term "Unified Development Site" be defined within Section 118-
5 as follows:
"A site where a development is proposed and consists of multiple lots, all
lots touching and not separated by a lot under different ownership, or a
public right of way. A "Unified Development Site" does not include any
lots separated by a public right-of-way or any non-adjacent, non-
contiguous parcels".
In addition to providing this definition within Section 118-5, the City Attorney's office has
taken a closer look at the remainder of this Section of the Code and has proposed
clarifying text modifications. These proposed modifications are included in the proposed
Ordinance attached.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
Commission Memorandum
Definition of Unified Development Site
June 10, 2015 Page 5 of 5
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
The subject Ordinance was approved at First Reading on May 6, 2015. Subsequent to
approval at First Reading, the Administration identified some minor text issues, which
required clarification. The clarifying text has been incorporated into the body of the
Ordinance and is delineated by a double underscore.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\2015 June\Unified Development Site-MEM Second Reading.docx
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