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2015-3942 Ordinance Revision to Lot Split/Form of Ownership ORDINANCE NO. 2015-3942 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 IV, "DIVISION OF LAND/LOT SPLIT", AT SECTION 118-321, ENTITLED "PURPOSE, STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY THE REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A CHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR UNIFIED DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN INDIVIDUAL, OR VIA A COVENANT IN LIEU OF UNITY OF TITLE WITHOUT REQUIRING A LOT SPLIT; 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 a covenant in lieu of unity of title (otherwise known as a "Declaration of Restrictive Covenants in Lieu of Unity of Title") and Unified Development Sites; and WHEREAS, the Land Development Regulations also regulate the splitting of an improved or unimproved developable site, or a unified development site; and WHEREAS, as currently worded section 118-321 of the Land Development Regulations requires a lot split procedure to be utilized even if the only action is to change the form of ownership of the developable site or unified development site from a single entity to several entities via a covenant in lieu of unity of title; and WHEREAS, a lot split is intended to regulate the possible separate and district ownership of the property that was once a larger site, and authorizing those separate uses and separate ownership with no legal or construction connection between the lots; and WHEREAS, a covenant in lieu of unity of title maintains the entire parcel enact, and requires all parties to the covenant to agree to develop as one lot, and requires amongst other things, cross access easements to ensure the entire parcel is utilized as one legal entity; and requires consent of all the parties to the covenant as to any development; and WHEREAS, requiring a lot split simply because of the change of ownership style to allow more than one owner through a covenant in lieu of unity of title, is an unnecessary process for a property owner to have to undergo and does not protect the City or its building sites from lot splits, but rather, creates additional bureaucracy, without any safeguards; and 1 of 5 WHEREAS, the City would like to clarify section 118-321 to continue to require lot split review may be owned by multiple persons, jointly and severally, under a covenant in lieu of unity of title; and WHEREAS, the administration recommends the clarification of section 118-321, of the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SECTION 1. The City of Miami Beach Land Development Regulations, at Chapter 118, "Administration and Review Procedures," Article IV, "Division of Land/Lot Split"," under Section 118-321, entitled "Purpose, standards and procedure" is hereby amended as follows: ARTICLE VII. - DIVISION OF LAND/LOT SPLIT Sec. 118-321. - Purpose, standards and procedure. In order to maintain open space and neighborhood character, wherever there may exist a main permitted structure and any accessory/auxiliary building or structure including, but not limited to, swimming pools, tennis courts, walls, fences, or any other improvement that was heretofore constructed on property containing one or more platted lots or portions thereof, such lots shall thereafter constitute only one building site and no permit shall be issued for the construction of more than one main permitted structure on the site unless the site is approved for the division or lot split by the planning board. No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site, unified development site, as defined herein, designated by number, letter or other description in a plat of a subdivision, shall be further divided or split, for the purpose, whether immediate or future, of transfer of ownership or development, without prior review and approval by the planning board. The use of a covenant in lieu of unity of title (otherwise known as a "declaration of restrictions in lieu of unity of title") for an improved or unimproved building site or unified development site is not considered a transfer of ownership requiring planning board review. A subsequent request to split a site with a declaration of restrictions in lieu of unity of title shall require review and approval by the planning board. Lots shall be divided in such a manner that all of the resulting lots are in compliance with the regulations of these land development regulations. All lot lines resulting from the division of a lot shall be straight lines and consistent with the configuration of the adjoining lots. If a main permitted structure is demolished or removed therefrom, whether voluntarily, involuntarily, by destruction or disaster, no permit shall be issued for construction of more than one main permitted structure on the building site unless the site is approved for the division or lot split by the planning board. 2 of 5 A. Procedure. (1) All applicants shall provide as part of the application process copies of all deed restrictions, reservations or covenants applicable to the building site, lot, plot or parcel of land being considered for division or split, and an opinion of title that, as of a date not more than 120 days before the planning board's decision upon the application, none of such matters prevent or serve as exceptions to the division or split requested. No variance from this requirement shall be allowed. (2) Any applicant requesting the establishment or separation of building sites shall pay the fee for division of lot or lot split as provided in appendix A. The fees in this section are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications. An additional fee as provided in appendix A shall be required for an after-the-fact application. (3) If a deferment or an extension of time is requested by the applicant, an additional fee as provided in appendix A shall be assessed. (4) If a request for a deferral is submitted by the administration or the planning board, and not at the request of an applicant, there will be no additional charge. (5) If the applicant withdraws the application after it has been accepted by the planning department, but prior to the public noticing of the request, the city shall refund 50 percent of required fees. B. Review criteria. In reviewing an application for the division of lot and lot split, the planning board shall apply the following criteria: (1) Whether the lots that would be created are divided in such a manner that they are in compliance with the regulations of these land development regulations. (2) Whether the building site that would be created would be equal to or larger than the majority of the existing building sites, or the most common existing lot size, and of the same character as the surrounding area. (3) Whether the scale of any proposed new construction is compatible with the as-built character of the surrounding area, or creates adverse impacts on the surrounding area; and if so, how the adverse impacts will be mitigated. To determine whether this criterion is satisfied, the applicant shall submit massing and scale studies reflecting structures and uses that would be permitted under the land development regulations as a result of the proposed lot split, even if the applicant presently has no specific plans for construction. (4) Whether the building site that would be created would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations, and how the resulting nonconformities will be mitigated. (5) Whether the building site that would be created would be free of encroachments from abutting buildable sites. (6) Whether the proposed lot split adversely affects architecturally significant or historic homes, and if so, how the adverse effects will be mitigated. The board shall have the authority to require the full or partial retention of structures constructed prior to 1942 and determined by the planning director or designee to be architecturally significant under subsection 142-108(a). 3 of 5 C. Final decision. In granting a division of land/lot split, the planning board may prescribe appropriate conditions and safeguards, including but not limited to a condition restricting the size of new structures to be built on the resulting lots, based upon the application's satisfaction of and consistency with the criteria in subsection B above, and the board's authority under section 118-51. Violation of such conditions and safeguards, when made a part of the terms under which the division of land/lot split is granted, shall be deemed a violation of these land development regulations. The decision of the planning board shall be final and there shall be no further review thereof except by resort to an appellate court of competent jurisdiction by petition for writ of certiorari. D. Procedure to request adjustment to the after-the-fact fee. The planning board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing at the time the application for a lot split is filed with the planning department. The adjusted after-the-fact fee shall not be less than the regular application fee. 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this /d day of J(ffl e , 2015. r�{ Philip Levine, /. ATTEST: • ` � 1111,, 1 Raf..el E. Granado, C y lerk? APPRO D AS TO • FORM & LANGUAGE &FO r EXECUTION INCORP ORATED. • ,,.9�.• �--- � , cs �j11�'• ";'_'• of'0j r City Attorney A# Dote 1111 -1G6 .' t Flrst Reading: ;May.6,:,2015 j' 'r `Second Readi _June 10, 01 Verified by (LA"- Thomas R. Mooney, AICP 'Plannin.9_ Dir _ r ector. � Underscore denotes new ua ey ,. - �: - ;.. 9 9 z �' denotes deleted`language r ,{ °I' 11 - `. 9 ' °• �.� ' y ty ';.:_=';'1''',,:'''. , - t �'• � 'I.r r c it . ;y r T- .:: .:F WTTO\BODE\Ordinances\Form of`Ownership Lot'Split-First Reading'ORD 6-10-2015.docx ;; ` Pi 4 ,, 5 of 5 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to adopt an Ordinance amendment that clarifies the requirements and standards for a lot split to allow a change in the form of ownership without requiring a lot split. 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 clarify that the use of a covenant in lieu of unity of title for a building site or unified development site would not be considered a transfer of ownership requiring planning board review. 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 amendments to the City Commission with a favorable recommendation. (Planning Board File No. 2240). 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: epartment Direc or A Assistant City Manager City Manager w7LwhAlamE T:\AGENDA\2015\June\Form of Ownership-Lot Split Review-SUM Second Reading.docx MIAMIBEACH AGENDA ITEM. R SC-- DATE 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 of the City Co ission FROM: Jimmy L. Morales, City Manager DATE: June 10, 2015 SECOND READING SUBJECT: Revision to Lot Split/Form of Ownership 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 IV, "DIVISION OF LAND/LOT SPLIT", AT SECTION 118-321, ENTITLED "PURPOSE, STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY THE REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A CHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR UNIFIED DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN INDIVIDUAL, OR VIA A COVENANT IN LIEU OF UNITY OF TITLE WITHOUT REQUIRING A LOT SPLIT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On September 10, 2014, the City Commission referred an Ordinance regarding a definition for a "Unified Development Site" to the Planning Board. On September 23, 2014, the Planning Board (by a vote of 6-0) transmitted this proposed Ordinance to the City Commission with a favorable recommendation. 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 discussed the revised Ordinance pertaining to Unified Development Sites. The Committee recommended that the subject Ordinance, pertaining to ownership and covenants in lieu related to lot splits, be referred to the Planning Board as a companion to the Ordinance defining a "Unified Development Site." On February 11, 2015, at the request of Commissioner Tobin, the City Commission referred both of these items to the Planning Board. Commission Memorandum Revision to Lot Split/Form of Ownership June 10, 2015 Page 2 of 2 ANALYSIS While reviewing the proposed modifications of the Ordinance Amendment proposed for Section 118-5 ("Unified Development Sites"), staff noticed an inconsistency with the requirements of Section 118-321, pertaining to a "Division of Land and Lot Splits," as it pertains to covenants in lieu of unity of title. In order to address this inconsistency, the subject Ordinance proposes modifications to Section 118-321, in order to clarify that the use of a covenant in lieu of unity of title for a building site or unified development site would not be considered a transfer of ownership requiring planning board review. In addition to providing the aforementioned modification, 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. • 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. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JLM/JMJ/TRM/MAB/RAM T:\AGENDA\2015\June\Form of Ownership-Lot Split Review-MEM Second Reading.docx W Z p 03 IN C N >O « O)a C ? 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