R5J-Definition Of Unified Development Site -Tobin-FirstReadingtoconsideranordinancethatprovidesaoetin@ntsite-
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COMMISSION ITEM SUMMARYCondensed Title:
Clerk's Office Iative Tracki
The subject Ordinance would create a definition for a 'Unified Development' site. Additionally, text
clean-up language modifications are proposed.
The Administration recommends that the City Commission open and continue the item to a date
99rtai1 of May 6,2015, so that it can be heard togetherwith a companion item regarding Section 11g-32'l of the Land Development Regulations that was transmitted by the Planningboard on March 24,2015.
On March 24,2015, the Planning Board (vote of s
commission with a favorable recommendation. (planning Board File No. 2241).
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall considerthe longterm economic impact (at least 5 years) of proposed legislitive actions," this shall confirmthat the City Administration evaluated the long{erm economiC impact (at teast 5 years) of thisproposed legislative action, and determined that there will be no measurable impact on the City,slqqget
Thomas Mooney
T:\AGENDA\201S\April\Unified Dev Site - First Reading SUM.docx
AGEI.IDA ITEIf,
DATE
Rsrl-r::-rTMIAMIBEACH383
MIAMIBEACH
Ciry of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Definition of Unified Site
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CIry
OF MIAM! BEACH, FLORIDA, AMENDTNG THE LAND DEVELOPMENT
REGULATIONS OF THE GITY CODE, BY AMENDING CHAPTER 118,,.ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE t, "IN
GENERAL," SECTION 118-S, ,,UNlTy OF TTTLE; COVENANT !N LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A GOVENANT IN LIEU AND BY PROVIDTNG A DEFINTTION FOR UNIFIED
DEVELOPMENT slrE; PRovlDtNG FoR coDrFtcATtoN, REpEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the item to
a date certain of May 6,2015.
BACKGROUND
On June sth, 2013, at the request of Commissioner Tobin, the City Commission referreda 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 ofTitle. On January 22,2014, the Land Use Committee discussed the item and continued
it to the February 19, 2014 meeting in order for staff to properly address the definition of
a 'Unified Development Site'. The item was moved from the February 19,2014 agenda
to the March 19, 2014 agenda.
On March 19, 2014, the matter was discussed briefly and continued to a date certain ofApril 9, 2014. 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)
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
the City mtsston
F!RST READING
384
Commission Memorandum
Definition of Unified Development Site
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 and Development Committee recommended that the
subject Ordinance, as well as a companion Ordinance pertaining to ownership and
covenants in lieu related to lot splits, be referred to the Planning Board. On February 11,
2015, at the request of Commissioner Tobin, the City Commission referred both of these
items to the Planning Board.
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 npiit tO,
2012, concluded that a proposed unification of three (3) 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 1 18-5 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 thatthe language of section 118-5 did not restrict the proposed unification, granted the
appeal, and then the Board 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 Tile:
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 tots, "@
aqgreqation of development riqhts on unified abuttino parcels. as mav be
Eemitted 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
lvhen 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
385
Commission Memorandum
Definition of Unified Development Site
April 15, 2015
2.
3.
Page 3 ot 5
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 propertyfor 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 thephase 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.
That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
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 knownas 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;
parcel for the passage and
parcel for the passage and
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, repracement and removal of
common construction improvements such as footings, supports and
foundations;
386
Commission Memorandum
Definition of Unified Development Site
April15,2015
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 tothe obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
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, it
is recommended that the term "Unified Development Site" be defined within Section 118-
5 as follows:
"A site where a development ls proposed and consisfs of multipte lots, all
lots touching and not separated by a lot under different ownership, or apublic right of way. A "Unified Development Site" does not include any/ofs separated by a public right-of-way or any non-adjacent, noi-
contiguous parcels".
ln addition to providing this definition within Section 118-5, the CityAttorney'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 draft
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
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
387
Commission Memorandum
Definition of Unified Development Site
15,2015
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
ln addition to the modifications proposed herein for Section 118-5, 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 11A-32]r,
has been referred to the Planning Board; the Planning Board recently transmitted this
companion Ordinance to the City Commission with a favorable recommendation.
Specifically, text has been added 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
The Administration recommends that the City Commission open and continue the item to
a date certain of May 6,2015. The Administration would recommend that the subject
Ordinance be heard at the same time as the aforementioned companion Ordinance.
*#1^*/MAB/RAM
T:\AGENDA\2O1S\April\Unified Dev Site - First Reading MEM.docx
388
DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, 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 !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, 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.
The term "Unified Development Site" shall be defined as a site where a development is
proposed and consists of multiple lots. all lots touchinq and not separated bv a lot under
different ownership, or a public riqht of wav. A "Unified Development Site" does not include anv
lots separated bv a oublic rioht-of-wav or anv non-adiacent. non-contiquous parcels.
All applications for building permits where msltiple buildings are proposed for a single lot or
where sing+e+F+u{tiple buildinq(s) are proposed for a unified development site eensisting ef
mu+ipe-Us, shall be accompanied by one of the following documents:
Fer purpeses ef thl
where develepment l
bv anether lot, stre
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389
(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, approved for legal form and sufficiency by the city
attorney, whieh 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) 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 Development Site is owned bv. or is
proposed for multiple ownership. includinq but not limited to a condominium form of ownership.
alse-ealleC-a The covenant in lieu of unity of title shall be approved for legal form and sufficiencybythecityattorney.shallrunwiththelandandbe
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 suQeet-site unified development site shallwill be developed in substantial
accordance with the approved site plan; after ene has been submitted and appreved
O. +na+gNo modification shall be effectuated without the written consent of the then
owner(s) of the unified development site for which
modification is sought-rg
c. Standards for reviewino a modification. A modification mav be requested, provided
all owners. or as required bv the condominium association bvlaws, as mav be
applicable, within the original unified development site, or their successors, whose
consent shall not be unreasonably withheld, execute the application for modification.
I'he #{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 planninq 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.
A minor modification ;+revi+ b+ would not
generate excessive noise or traffic;r tend to create a fire or other equally or greater
dangerous hazard;, e+provoke excessive overcrowding of people;; er tend to
provoke a nuisance;; 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 concemsd.
appreval; the then ewner(s) ef tlt+ phase er pertien ef the preperty fer whieh
medifieatien is seught shall be termitted te seek sueh medifieatien by applieatien te
medify the Blan er eevenant at publie hearing befere the apprepriate eity beard er the
eity eemmissien ef Miarni Beaeh Flerida; (whiehever by law has jurisdietien ever sueh
maters)-
neeessary fer the medifieatien seught, Prepesed medifieatiens te the preperty'e use,
eperatien; physieal eenditien er site plan strall alse be required te retur+ te the
prier apprevals and th+ affirmatien; medifieatien er release ef previeusly issued
@iens=
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390
A substantial modification would create the conditions identified above. 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 aporovals and the affirmation, modification or
release of previouslv issued approvals or imposed conditions.
db. That if the unified development site@ is to be developed in
phases, that each phase will be developed in substantial accordance with the
approved site plan.
g€. +ru 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
fhg covenant in lieu of unitv of title . 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 shall include, but not be
limited toeentain ameng etheffiings:
i. Easements for i+ the common area(g) of each parcel for ingress to and egress
from the other parcels;
ii. Easements in the common area(s) of each parcel for the passage and parking
of vehicles;iii. Easements in the common area(g) of each parcel for the passage and
accommodation of pedestrians;
iv. Easements for access roads across the common area(s) of the unified
development site teaenlparcet 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 development site eaeh-sueh+a+eel;vi. Easements on each sueh parcel within the unified development site for
construction of buildings and improvements in favor of each such other parcel;
vii. Easements upon each such parcel within the unified development site 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 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 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 within the unified development site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
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391
xiii. Appropriate agreements between the owners of the sever€lfar€els 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 easement and operatinq aqreement shall contain such other
provisions with respect to the operation. maintenance and development of the
propertv as to which the parties thereto mav aqree. or the director mav require,
all to the end that althouqh the propertv mav have several owners, it will be
constructed, conveved. maintained and ooerated in accordance with the
aporoved site plan. The planninq department shall treat the unified site as one
site under these land development requlations, reqardless of separate
ownerships.
These provisions or portions thereof may be waived by the 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 amended without prior written approval of the city
attorney. ln additien; sueh easement and eperating agreement shall eentain sueh
the preperty as te whieh the parties therete may agree; er the direeter may
ips,
fd 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 property for the purposes herein intended.
g.fe 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.
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. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
t9
First Reading:
Second Reading:
February 11,2015
March 11,2015
r&
^J(.City Attorney
Verified by.
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ike$+eugh denotes deleted lang uage
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