C4A-Ref- Planning Board - Amend Section 118-5 Provide Definition For Unified Devg MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PROPOSED ORDINANCE AMENDMENT TO SECTION 118.5, TO PROVIDE A
DEFINITION FOR A UNIFIED DEVELOPMENT SITE
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND / ANALYSIS
equestofCommissionerTobin,theCityCommissionreferreda
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 April 9, 2014, the Land
Use Committee recommended that an Ordinance be referred to the Planning Board to amend the
requirements and standards for a 'Covenant-ln-Lieu' by providing a definition for a "Unified
Development Site."
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 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 1 18-5 did not restrict the proposed unification and granted
the appeal. The Board then 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 Citv 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.
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Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 2 of 4
This Charter provision does include an exception for the division of lots, or the aqqreqation of
development riqhts on unified abuttinq parcels. as mav be permitted bv 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 1 18-5 - Unitv 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 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,40
Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 3 ol 4
relocation and removal of utility facilities in appropriate areas in each such parcel;
Easements on each such parcel for construction of buildings and improvements in
favor of each such other parcel;
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;
Easements on each parcel for attachment of buildings;
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;
Appropriate reservation of rights to grant easements to utility companies;
Appropriate reservation of rights to road right-of-ways and curb cuts;
Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
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.
SUMMARY
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. ln 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.
ln order to continue to provide a flexible planning mechanism, the Administration would
recommend that the term "Unified Development Site" be defined as follows:
"A site where development !s proposed comprising multiple lots with all lots
touching and not separated by another lot, street, sidewalk or alley".
Additional language, in order to restrict proposed covenants that involve the moving or relocating of
floor area, may also be considered. However, the Administration would caution against any
regulations that require a functional interaction between the sites, as such a proposal could
discourage creative planning methodologies that could othenruise benefit a particular site or larger
area.
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Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 4 o'f 4
CONCLUSION
ln accordance with the April 9, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board that would create a definition for a 'Unified
Develooment.Site'.
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