R5I-Definition Of Unified Development Site -Tobin-COMMISSION ITEM SUMMARY
Condensed 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.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
Item Summarv/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 April 15,2015; and 2) Refer the item to the Planning Board
for further modifications.
Board Recommendation:
Financia! !nformation:
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).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm 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
A.ssistant C ity Manager
T:\AGENDA\201S\February\Unified Development Site - 1st Reading O&C SUM.docx
MIAMIBEACH AGENDA ,r., 85J -o^rE 2-ll- li513
MIAMIBEACH
City of ltiqmi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: February 11,2015
SUBJECT: Definition of a Unified
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER I18,..ADMINISTRATION AND REVIEW PROCEDURES," ARTIGLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A GOVENANT !N LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFIGATION, REPEALER,
SEVERABIL!ry AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinance to a date certain of April 15, 2015; and refer the
item to 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, 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 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-ln-Lieu' by providing a definition for a "Unified Development
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the city.(,,rr,o.
D)
FI READING - OPEN & GONTINUE
Site
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 2 of 4
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 growth and development.
This Charter provision does include an exception for the division of lots, or the
aqqreqation of develooment 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.
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 3 of 4
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
parking of vehicles;c. Easements in the common area of each
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;
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.
ANALYSIS
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
parcel for the passage and
parcel for the passage and
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Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 4 of 4
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 lot, 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.
FISGAL 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 / UPDATE
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use Committee for further discussion and input. 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 suggested further review and modifications to the whole Section, as
opposed to simply adding a definition.
On January 21, 2015, the Land Use Committee discussed the proposed revisions to the
Ordinance, as well as a companion Ordinance pertaining to Lot Splits and Form of
Ownership. The Land Use Committee recommended that both items be referred to the
Planning Board for consideration. As such, the Administration would recommend that
the Commission open and continue the item, and re-refer the matter back to the
Planning Board to allow for additional study and appropriate modifications.
GONGLUSION
ln accordance with the January 21,2015 recommendation of the Land Use Committee,
the Administration recommends that the City Commission:
1. Open and continue First Reading for the proposed Ordinance to a date certain of
April 15,2015; and
2. Refer the item to the Planning Board for further modifications.
JLM/JMJ/TRM
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DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MlAM! BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry CODE, BY AMENDING GHAPTER 118,
"ADM!NISTRATION AND REVIEW PROCEDURES," ARTICLE l, ,,lN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU OF
UNITY OF TITLE," BY AMENDING THE REQUIREMENTS AND STANDARDS
FOR A COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR
UNIFIED DEVELOPMENT SITE; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILIry 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 City's Land Development Regulations 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.
WHEREAS, the City seeks to define "Unified Development Site" and to further clarify the
provisions relating to Unity of Title or Covenant in Lieu of Unity of Title.
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. Unified Development Site defined: 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, with all lots touchino and not separated bv a lot under different
ownership, or bv a public riqht of wav. A "Unified Development Site" does not include anv lots
separated bv a public riqht-of-wav or anv non-adiacent. non-contiguous parcels.
All applications for building permits where ms{tipb buildings are proposed for a single lot or
where sins{€-€r-mul+ipl,a a buildinq or buildinos are proposed for a unified development site
@,shallbeaccompaniedbyoneofthefollowingdocuments:
Fer purpeses ef thl
bY anether lot: str
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(1) Unitv of Title. A unitv of title shall be utilized when there is onlv one owner of the entire
unified development site. TheA unity of title. which shall be approved for legal form and
sufficiency by the eCity afttorney, whieFshall 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 Unitv of Title. A covenant in lieu of unitv of title or a A declaration of
restrictive covenants, shall be utilized when the unified develooment site is owned bv multiple
owners or is proposed for multiple ownership includino, but not limited to, a condominium form
of ownership. alse-ealled-a The covenant in lieu of unity of title shall be approved for legal formandsufficiencybytheeCityaAttorney.shallrunwith
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 deela+atien covenant shall contain the following necessary
elements:
a. The subjeet-+ite unified development site shallwill be developed in substantial
accordance with the appr€ved site plan; after ene has been submitted and appreved
iens which shall be submitted to the City's
planning department and shall be approved by the department.
b-++a+-tNo modification shall be effectuated without the written consent of the then
owner(s) of the unified development site for which
modification is sought-;g
c. Standards for reviewinq a modification. A modification mav be requested, provided
all owners of within the original unified development site, or their successors, u/hese
execute the application for modification.
l'he -anC-+hedirector of the city's planning department shall review the application
and determine whether the request is for a minor or substantial modification. lf the
request is a minor modification. the modification mav be approved administrativelv bv
the plannino director. lf the modification is substantial. the request will be reviewed
bv the applicable board. after public hearinq. This application shall be in addition to
all other required approvals necessarv for the modification souqht.
O A minor modification ffirevi ien is one
lha!_would not generate excessive noise or traffic;, tend to create a fire or
other equally or greater dangerous hazard;, er-provoke excessive
overcrowding of people;, er tend to provoke a nuisance;, ner 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. Sheuld the direeter withheld sueh
medifieatien is s ien-by
(whiehever by law has jurisdietien ever sueh matters)r W
ien
@iens te the preperty's use, eperatien, physieal
ier
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@iens=
(l) A substantial modification is one that would create the conditions identified
above at subsection (i). A substantial modification also includes a request to
modifv the uses on the unified development site: the operation: phvsical
condition: or site plan. All such 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 previouslv issued approvals or imposed conditions.
db. if lf the unified development site@ is to be developed in phases,
that each phase will be developed in substantial accordance with the approved site
plan.
Ce. Thatiln 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 ownerg
shall further agree that thev will not convey portions of the subje€t property
to sueh other parties. unless and until the owners and such other pady e+ 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 toeentain arneng eth ings:
i. Easements for in the common area(s) of each parcel within the unified
development site for ingress to and egress from the other parcels;ii. Easements in the common area(s) of each parcel within the unified
development site for the passage and parking of vehicles;iii. Easements in the common area(q) of each parcel within the unified
development site for the passage and accommodation of pedestrians;iv. Easements for access roads across the common area(s) of the unified
development site {eaen}pared 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
u n ified devel opm ent s ite eaeh-euehl+areel;vi. Easements on each sueh parcel within the unified development site for
construction of buildings and improvements in favor of each sueh other parcel;
vii. Easements upon each sueh parcel within the unified development site in
favor of each other aCiein+ng 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 other adjeining 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 sueh parcel within the Unified Development Site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
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xiii. Appropriate agreements between (or amonq) the owners of the several
pe+€e+s unified development site as to the obligation to maintain and repair all
private roadways, parking facilities, common areas and common facilities and the
like.
xiv. Such other provisions with respect to the operation. maintenance and
development of the unified development site as to which the parties thereto mav
aqree. or the planninq director mav require, all to the end that althouqh the
unified development site mav have several owners, it will be constructed,
conveved. maintained and operated in accordance with the approved site plan.
The plannino department shall treat the unified development site as one site
under these Land Development Requlations. reqardless of separate ownerships.
These provisions or portions thereof may be waived by the plannino 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
amendedwithoutpriorwrittenapprovalofthee9itya{ttorney.
eperating agreement shall eentain sueh ether previsiens with respeet te the eperatien,
Aireeter may requirc
The department shall treat the unified site as ene sile under these land develepment
ips,
fd The covenant in lieu of unitv of title 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 property for the purposes herein
intended.
fe Enforcement of the covenant in lieu of unitv of
title shall be by action at law or in equity with costs and reasonable attorneys' fees
to the prevailing party.
***
SEGTION 2. GODIFICATION.
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.
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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:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: February 11, 2015
Second Reading: March 11,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ike+nreugh denotes deleted language
- ORD First Read OC.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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