2002-21ORDINANCE NO. 2002-21
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING PARAGRAPH (k) "MODIFICATIONS TO
RECORDED PLATS" OF SECTION 31-78 "SUBDIVISION
PLAT APPROVAL" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS REGARDING SUBDIVISION
REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR
DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain
sections of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Paragraph (k) ~Modifications to Recorded Plats" of Section 31-78
"Subdivision Plat Approval" of the City's Land Development Regulations is
Ordinance No. 2002-21
Page 2
hereby amended as follows~:
Sec. 31-78. Subdivision plat approval.
(k) Modifications to recorded plats. The modifications listed in this section may
........ ,,Ity
be accomplished upon a finding by the Comm .....
Mana.qer that the regulations of this section have otherwise been met and
through the payment of any fees for the cost of processing. The following types
of development shall be deemed exempt and not subject to the provisions of the
mandatory platting requirements of this code:
(1) The dedication of land or any interest in land to any governmental agency,
entity or political subdivision.
(2) The division of a duplex zoned platted lot to permit individual ownership in
conformance with all applicable zoning and Building Code provisions.
(3) The combination of lots and/or portions of lots to create a common building
site provided that the property owner presents 3.". [.-.ctr'--'mc.".t a unity of title or
declaration in lieu thereof recordable in the public records of Miami-Dade County,
Florida either:
(a) identifying the boundaries of the building site and the intent to develop
and convey as one site or parcel in perpetuity or so long as the proposed use
exists or;.
(b) where the property owner presents a declaration in lieu of a unity of
title recordable in the public records of Miami-Dade County, Florida that:
(i) identifies the boundaries of the buildin.q site;
(ii) provides that the subject site will be developed in accordance
with the approved site plan and 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 souqht, and the City Mana.qer. The City Mana.qer's
approval determination shall be made pursuant to Section 31-79(i) of the City's
Land Development Requlations. Should the City Manaqer withhold such
approval, the then owner(s) of the phase or portion of the property for which
modification is sou.qht shall be permitted to seek such modification by application
to modify the plan or covenant at public hearin.q before the City Commission;
~ Underlined provisions constitute proposed additions to the existing text;s'-~'-- .............. *~- ..... ~..~' provisions' '
indicate proposed deletions from existing text. Remaining provisions are now in effect and remain
unchanged.
Ordinance No. 2002-21
Page 3
(iii) if the subject property will be developed in phases, that each
phase will be developed in accordance with the approved plan, except as
otherwise modified pursuant to Section 31-78(k)(3)(b)(ii) hereof.
(iv) 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 in lieu of unity 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 (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:
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 parkinq 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;
.q. Easements upon each such parcel in favor of each
adioining parcel for the installation, use, maintenance, repair, replacement and
removal of common construction improvements such as footinqs, supports and
foundations;
h. Easements on each parcel for attachment of
buildings;
i. Easements on each parcel for buildinq overhanqs
and other overhangs and projections encroaching upon such parcel from
adjoining parcel such as, by way of example, marquees, canopies, lights, lighting
devices, awnings, wing walls and the like;
i. Appropriate reservation of rights to .qrant easements
to utility companies;
k. Appropriate reservation of rights to road right-of-ways
and curb cuts;
I. 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.
These provisions or portions thereof may be waived by the City Manager if they
are not applicable to the subject property. The provisions of the easement and
operating agreement shall not be amended without prior written approval of the
Ordinance No. 2002-21
Page 4
Office of the City Attorney. In addition, such easement and operating agreement
shall contain such other provisions with respect to the operation, maintenance
and development of the property as to which the parties thereto may aqree or the
City Manager may require, all to the end that aithouqh th.e property may have
seVeral oWners, it will be constructed, conveyed, maintained and operated in
accordance with the approved site plan and in a coordinated and unified
manner..
(c) The declaration shall be in effect for a period of thirty (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 (10) years unless released in writinq by the owners and the City Manager, actinq for
and on behalf of the City of Aventura, Florida, upon the demonstration and affirmative
findin.q that the same is no Ionqer necessary to preserve and protect the property for the
purposes herein intended.
(d) Enfomement of the declaration shall be by action at law or in equity
with costs and reasonable attorney's fees to the prevailin.q party.
(e) No combination shall be approved where approval would allow a
violation of any other provision of this chapter.
(4) The division of a non-residential zoned parcel into not more than two
parcels, when the City determines that a new public right-of-way or parcel
access is not required. In this instance, the Community Development
Department and Engineering Division may require that any or all of the
following items be provided and approved:
a. Current survey
b. Sketch plat
c. Master parking plan
d. Secondary access plan
e. Alley, access, drainage, utility, planting and other easements
f. Paving and drainage plan
g. Sewer and water plans.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
Ordinance No. 2002-21
Page 5
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Vice Mayor Berger,
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Commissioner
Cohen, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED on first reading this 2nd day of July, 2002.
Ordinance No. 2002-21
Page 6
PASSED AND ADOPTED on second reading this 3rd day of September,
2002.
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APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY