C4G-Ref- Planning Board - Revisions To Lot Split And Form Of Ownership -Tobin-MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o[ the City
FRoM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PERTAINING TO REVISIONS TO LOT SPLIT AND FORM OF OWNERSHIP
ADM! NISTRATION REGOMM ENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUNDd;Iffif, 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 April g, 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-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.
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. 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 Committee discussed the subject Ordinance, as well as a
companion Ordinance related to Lots Splits and Form of Ownership. The Land Use Committee
recommended that the proposed Ordinances be transmitted to the Planning Board for
consideration.
ANALYS!S
During the review of the modifications proposed for Section 118-5 under separate Ordinance,
pertaining to Covenants in Lieu and Unified Development Sites, staff noticed that an inconsistency
with the requirements of Section 118-321, pertaining to a "Division of Land and Lot Splits" existed,
as it pertains to covenants in lieu of unity of title. ln order to address this, a companion Ordinance,
with proposed modifications to Section 118-321, is attached. Specifically, text has been added
Agenda nem C/G
Date A-lkld97
Commission Memorandum
Referral to Planning Board - lof Sp/lfs & Form of Qwnership
February 11,2015 Page 2 of 2
clarifying 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.
CONCLUSION
ln accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
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JLIUIilMJ/TRM
T:\AGENDAV01S\February\Referral to PB - Lot Split - MEM.docx
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Revision to Lot SpliUForm of Ownership
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry GODE, BY AMENDING GHAPTER ,l 18,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE lV, "DlVlStON
OF LAND/LOT SPL!T", AT SECTION 118.321, ENTITLED "PURPOSE,
STANDARDS AND PROCEDURE" IN ORDER TO GLARIFY THE
REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
CHANGE !N 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 intact; requires
all parties to the covenant to agree to develop as one lot; requires 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
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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 !T 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 lV, "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.
ln 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
of restrictive covenants in lieu of unitv of title") for an improved or unimproved lot. plat. parcel of
land buildino site, or unified development site is not considered a transfer of ownership requirinq
plannino board review. 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.
lf 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.
A. Procedure.
(1) All applicants shall provide as part of the application process copies of all deed
restrictions, reservationsr or covenants applicable to the unified development site,
building site, lot, plot or parcel of land being considered for division or split, and an
attorney's opinion of title that, as of a date not more than 120 days before the
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B.
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 lot. plat, parcel of land,
buildino site. of unified development site buildingrsites 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) lf a deferment or an extension of time is requested by the applicant, an additional
fee as provided in appendix A shall be assessed.
(4) lf a request for a deferral is submitted by the planninq department aelministratien 6p
the planning board, and not at the request of an applicant, there will be no
additional charge.
(5) lf 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.
Review criteria. ln reviewing an application for the division of lot and or 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 this section and the applicable zonino district reoulationsthe
(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 criteriaen 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 division or 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 the requlations of the
specific zonino district,
r€gu{ationq 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 division or lot split adversely affects architecturally significant
or historic homes, and if so, how the adverse effects will be mitigated. The planninq
board shall have the authority to require the full or partial retention of structures
constructed prior to 1942 and determined by the planning director erdes€inee to be
architecturally significant under subsection 142-108(a).
Final decision. ln granting a division or 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
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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 this section 1 18-321. iens,
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.
warrant sueh an adjustment, The request fer a fee
@e adjusted after the faet fee shall net be less than the regular
eppliea+ien+ee=
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.
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
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ikettqreugh denotes deleted lang uage
F:\ATTO\BOUE\Ordinances\lot split - ORD First Read OC
2015.
Philip Levine, Mayor
1-8-2015.docx
APPROVED AS TO
FORM & TANGUAGE
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