R5H-Definition Of Unified Development Site -Tobin-COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to the Land Development Regulations by
amending the requirements and standards for a covenant in lieu and by providing a definition for
unified site.
Clerk's Office islative Tracki
AGENDA ITENi
DATE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55
businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance amendment would create a definition for a "Unified Development Site".
The Administration recommends that the City Commission: 1) open and continue First Reading for the
proposed Ordinance to a date certain of December 17,2014; and 2) Refer the item to the Land Use
and Development Committee and the Planning Board for further modifications.
On September 23, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2214).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\2014\OctobeilUnified Development Site - 1st Reading O&C SUM.
MIAMIBEACH Fs rt
375
MIAMIBEACH
Cify of Miomi Beach, .l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: October 22,2014
SUBJECT: Definition of a Unified
READING - OPEN & CONTINUE
Site
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE l, "lN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN 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 REGOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinance to a date certain of December 17, 2014; and refer
the item to the Land Use and Development Committee and the Planning Board for
further modifications.
HISTORY / BACKGROUND
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 118-5 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.
On June sth, 2O13, 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 April 9,2014, the Land Use and Development Committee recommended that
an Ordinance be referred to the Planning Board to amend the requirements and
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 2 ot 4
standards for a 'Covenant-ln-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.
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 groMh and development.
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 1'18-5 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 - 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
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 3 of 4
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
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;l. 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.
ANALYS!S
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
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
October 22, 2014 Page 4 of 4
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, it
is recommended that the term "Unified Development Site" be defined as follows:
"A site where development is proposed comprising multiple lots with all
lots touching and not separated by another !ot, street, sidewalk or alley".
PLANNING BOARD REVIEW
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.
FISCAL IMPACT
ln 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, based upon the initial referral, pertains only to the creation of a
definition for a "Unified Development Site". After further review of the relevant section of
the City Code (section 118-5), and in consultation with the City Attorney's Office, the
Administration believes that it would be prudent to further review and modify the whole of
the Section, as opposed to simply adding a definition.
As such, the Administration would recommend that the Commission open and continue
the item, and re-refer the matter back to the Planning Board and Land Use Committee to
allow for additional study and appropriate modifications.
CONCLUSION
The Administration recommends that the City Commission:
1. Open and continue First Reading for the proposed Ordinance to a date certain of
December 17,2014; and
2. Refer the item to the Land Use and Development Committee and the Planning
Board for further modifications.
,ol
JL[\,UJIO{rRM/RAM
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DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
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 lN 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,
SEVERABILIW 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 GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter llS, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 1 18-5. Unity of title; covenant in lieu thereof.
For purposes of this subsection. the term "Unified Development Site" is defined as a site where
development is proposed comprisino multiple lots with all lots touchinq and not separated bv
another lot. street. sidewalk or allev. All applications for building permits where multiple
buildings are proposed for a single lot or where single or multiple buildings are proposed for a
unified development site consisting of multiple lots, shall be accompanied by one of the
following documentsi= is
and net separated b
(1) A 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) A declaration of restrictive covenants, also called a covenant in lieu of 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
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380
mortgagees and lessees and others presently or in the future having any interest in the
property. The declaration shall contain the following necessary elements:
a. That the unified development sub1e€t 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 nNro modification shall be effectuated without the written consent
of the then owne(s) @+en of the site. or oortion thereof. prepe*y for which
modification is sought, and all the remaininq owners the €".€.inel 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 unified development site €lr€a 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 owne(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 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 unified
development site's prepe+Vs 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.
b. That if the suteetprepe*y unified development site will be developed in phases, that each
phase will be developed in substantial accordance with the approved site plan.
c. 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
unified development site $#r€€tfr€pe#y 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 contain among
other things:
i. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
ii. Easements in the common area 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 of [each] parcel 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 each such parcel;
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381
vi. Easements on each such parcel for construction of buildings and improvements in favor of
each such other parcel;
vii. 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;
viii. Easements on each parcel for attachment of buildings;
ix. 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;
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 for pedestrian and vehicular traffic over dedicated
private ring roads and access roads; and
xiii. 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.
These provisions in this subsection (c) e+pe*iens-mereef may be waived by the director if they
are not applicable to the sugje€+fr€p€*y unified development site (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. ln addition,
such easement and operating agreement shall contain such other provisions with respect to the
operation, maintenance and development of the pr€pe+y unified development site 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 department shall treat the unified development
site as one site under these land development regulations, regardless of separate ownerships.
d. 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 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 pr€pe*y unified development site for the purposes herein intended.
e. 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.
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SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABI LITY.
lf 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 _ day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading:October 22,2014
Second Readi
Verified by:
Planning Director
Underscore denotes new language
S+i*e+nreugh denotes deleted language
T:\AGE N DA\201 4\October\U nifi ed Development Site - ORD First Read.docx
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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