HomeMy WebLinkAbout2006-3529 Ordinance
City Commission
Second Reading Public Hearing
September 6, 2006
ORDINANCE NO. 2006-3529
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," BY AMENDING LOT COVERAGE,
STRUCTURE SIZE, BUILDING HEIGHT AND SETBACK
REQUIREMENTS FOR NEW SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION AND BY AMENDING THE CRITERIA AND
PROCEDURAL THRESHOLDS FOR THE REVIEW AND APPROVAL
OF NEW SINGLE-FAMILY RESIDENTIAL CONSTRUCTION INCLUSIVE
OF THE CREATION OF A NEW SINGLE-FAMILY RESIDENTIAL
REVIEW PANEL; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, recent new construction continues to result in out-of-scale development in
comparison to the built character of the single-family neighborhoods in the City; and
WHEREAS, new homes that are compatible with the prevailing character of existing
residential neighborhoods should be encouraged and promoted; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, the privacy, attractive pedestrian streetscapes and human scale and
character of the City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-101, "Purpose" is hereby amended as follows:
The RS-1, RS-2, RS-3, RS-4 single-family residential districts are designed to protect, and
preserve the identity, imaqe. environmental quality, privacy. attractive pedestrian streetscapes,
and human scale and tHe character of the single-family neighborhoods and to encouraqe and
promote new construction that is compatible with the established neiqhborhood context. In
order to safequard the purpose and qoals of the sinqle-family districts mandatory review criteria
are hereby created to carry out the provisions of these land development requlations.
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SECTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows:
(a) RS-1, RS-2, RS-3, RS-4 districts. The development regulations for the RS-1, RS-2, RS-
3, RS-4 single-family residential districts are as follows:
ill ComDliance with ReGulations and Review Criteria
a. Permits for new construction, alterations or additions to existing structures
shall be subject to administrative (staff level) review by the planning aM
zoning director or desiqnee or in certain instances subiect to a public
hearinq by the sinqle-family residential review panel (SFRRP) feF in order
to determine consistency with the review criteria listed in this section.
Q" In complyinq with the review criteria located in this section, the applicant
may choose either to adhere to the development requlations identified in
sections 142-105 and 142-106 administratively throuqh staff level review
or seek enhancements of the applicable development requlations as
specified therein throuqh approval from the SFRRP, Historic
Preservation Board or Desh:m Review Board. as applicable. In the
event the SFRRP does not convene due to lack of a auorum. the
application may be redirected. at the election of the applicant. to the
Desian Review Board or the Historic Preservation Board. whichever has
iurisdiction.
c. SFRRP approval shall be in accordance with the procedures contained in
sections 142-105 and 142-106. Further clarification of the limits of the
approval powers of the panel relative to sinqle-family structures may be
found within the subsections.
d. NotwithstandinQ the foreQoinQ. for those structures located within a
desionated historic site. or individually desiQnated as an historic
structure or site. only the review and approval of the Historic
Preservation Board shall be required.
e. NotwithstandinQ the foreQoinQ. for those structures constructed
prior to 1942 and determined to be architecturally siQnificant. in
accordance with subsection 142-108 herein. only the review and
approval of the Desion Review Board shall be required.
Q1 Review Criteria
Staff level or SFRRP review shall encompass the examination of architectural
drawinqs for consistency with the review criteria and information requests listed
below.
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a. The existinq conditions of the lot. includinq but not limited to topoqraphy,
veqetation. trees, drainaqe, and waterways shall be considered in
evaluatinq the proposed site improvements.
b. The desiqn and layout of the proposed site plan inclusive of the location
of all existinq and proposed buildinqs shall be reviewed with particular
attention to the relationship to the surroundinq neiqhborhood, impact on
contiquous and adjacent buildinqs and lands, and view corridors. In this
reqard. additional photoqraphic. and contextual studies that delineate the
location of adjacent buildinqs and structures may be required in
evaluatinq compliance with this criterion.
c. The selection of landscape materials. landscapinq structures and pavinq
materials shall be reviewed to ensure a compatible relationship with and
enhancement of the overall site plan desiqn and the surroundinq
neiqhborhood.
d. The dimensions of all buildinqs, structures, setbacks. heiqht. lot coveraqe
and any other information that may be reasonably necessary to determine
compliance with the requirements of the underlyinq zoninq district.
e. The desiqn and construction of the proposed structure, and/or additions
or modifications to an existinq structure. indicates sensitivity to and
compatibility with the environment and adjacent structures and enhances
the appearance of the surroundinq neiqhborhood.
f. The proposed structure is located in a manner that is responsive to
adjacent structures and the established pattern of volumetric massinq
alonq the street with reqard to sitinq, setbacks and the placement of the
upper floor.
a-:- 9.:. The construction of an addition to an existing structure shall be
architecturally appropriate to the original design and scale of the building;
the structure may be architecturally redesigned, but in a manner wt:HGR
that is consistent in design and material throughout.
e.,. h. Exterior bars on entryways, doors and windows shall be prohibited on
front and side elevations which face a street or right-of-way.
G,- L At least ~ 35 percent of the required front yard area and ~ 35 percent of
the required side yard area facing a street shall be sodded or landscaped
pervious open space,.:. wWith the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to
the front of the building.
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th- 1. In no instance shall the elevation of any required yard be higher than one-
half the difference between grade, as defined in section 114-1, and the
minimum required flood elevation.
e-:-!s.:. The construction shall be in conformance with the requirements of article
IV, division 7 of this chapter with respect to exterior facade paint and
material colors.
Q2 Aoolication Requirements for Review
a. Applications shall be made to the planninq department and shall include
the followinq:
L. A completed application form.
2. A notarized owner's affidavit.
3. Color photoaraphs of the site and adiacent properties.
4. Conceptual desian drawinas to scale includina but not limited to a site plan.
buildina floor p/an(s). elevations and landscape desian. sufficient to evaluate
the overall proposed proiect. Additionallv. drawinas shall be submitted in
"pdf" format in order to allow postina to the Citv's Plannina and Zonina
webpaae.
6. Survevs dated within 6 months of the application that include site elevations.
6. General zonina calculations and data sufficient to determine compliance with
zonina criteria.
b. SFRRP applications shall require seven (7) copies of the required exhibits
while staff level review shall require three (3) copies.
c. All applications for review by the SFRRP must be filed with the Planninq
Department no later than 21 calendar days before the meetinq date.
ill SinQle-Familv Residential Review Panel
a. Composition and term of panel members.
The panel shall be composed of three (3) members. two of whom shall be
architects and/or other reQistered desiQn professionals. and one shall be
a resident of the City. each to serve for a term of one (1) year. Panel
members shall not deliberate in more than four (4) meetinqs per calendar
year unless required due to inability to satisfy the quorum requirement.
Q" Membership and qualification.
Panel members shall be chosen by the City Manaqer or desiqnee on a
rotatinq basis or as available from a list of not more than 20 architects and/ or
other reqistered desiqn professionals. as well as a list of residents of the
City. In developinq the list of reqistered professionals. names should be
submitted from the followinq associations:
ill American Institute of Architects, local chapter.
ill American Society of Landscape Architects. local chapter.
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ill American Planninq Association. local section.
{1} The Miami Desiqn Preservation Leaque
@ Dade Heritaqe Trust.
c. Majority to approve plans.
The quorum for the SFRRP shall be all three (3) members and a simple
majority will be necessary to approve any application. In the event the
SinQle-Family Residential Review Panel does not convene due to lack
of a Quorum. the application may be redirected. at the election of the
applicant. to the Desiqn Review Board or the Historic Preservation
Board whichever has iurisdiction. The Planninq Department shall provide
staff support to the SFRRP and the City Attorney's office shall provide leqal
counsel.
d. Meetinqs and Noticinq Requirements.
The SFRRP shall have reqularly scheduled meetinqs on a monthly basis, or
as frequently as needed. as determined by the planninq director. The
hearinq before the SFRRP shall be de novo, and the applicant shall have a
pre-application conference with the planninq director, or desiqnee. prior to the
submission of a request or an application to discuss any aspect of the
process. Noticinq of SFRRP meetinqs shall occur no less than fourteen (14)
calendar days prior to the hearinq date and shall be by mail notice and
postinq of the property that is the subject of the hearinq. The preparation of
the mail notice and mailinq labels shall apply only to adjacent property
owners of sinqle-family zoned land no less than 100 feet to either side, rear
and across a street or alley from the exterior property boundaries of the
subject property. As an additional courtesy. project drawinqs shall be posted
online at the City's Planninq and Zoninq webpaqe.
e. Recommendations and Appeals.
In addition to approvinq or denyinq the application, the panel may
recommend chanqes to the conceptual plans and specifications based on the
recommendations of planninq department staff and/ or the comments written
or otherwise from any member of the public durinq its deliberation of the item.
An appeal of any decision of the SFRRB shall be to a Special Master
appointed by the City Commission, in accordance with the procedures set
forth in section 118-537(b) of these Land Development Requlations.
Thereafter review shall be by petition for writ of certiorari to the Circuit Court.
f. Fees for examination of plans and specifications.
The fee for applications to the SFRRP shall be $150.
(b) Lot width, unit size and building requirements. The lot area, lot width, unit size and
building height requirements for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
TABLE INSET:
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Minimum Lot Minimum Unit Maximum Unit Maximum Maximum
Minimum Lot Size (Square Size (% of Lot
Area (Square Width (Feet)* Building Height:: Number of Stories
Feet) Feet) Area)
25 feet for lots 60
RS-1 = 30, 000 RS-1=100 feet in width or
less.
RS-2 = 18, 000 RS-2=75 Lots greater than
60 feet in width:
50% of lot area 30 feet for flat roof
structures.
with the ability to 33 feet for sloped d 2, abo\e
Oceanfront increase to 70% roof structures. minimum flood
RS-3 = 10,000 RS-3 = 50 1,800 through SFRRP, elevation
HPB or ORB determination
approval. as
applicable.
Height may also
All other be Gf 50% of lot
RS-3 = 60 width, .....hicho\,()r
is gr-eotor up to a
maximum of 33
feet regardless of
lot size or roof
type through
RS-4 = 6,000 RS-4 = 50 SFRRP, HPB or
HPB approval.
as applicable.
*Except those
lots fronting on a
cui de sac or
circular street as
defined in lot
width. *
:: Height shall be
measured from
grade, as defined
in section 114-1.
*
*
fe:l1.Q2 Lot coverage (building footprint).
ill General
a. Buildings or structures sh~1I not may occupy more th~n a maximum lot
coveraqe of 35 percent of the lot area upon which the building or structure
is erected.;. throuqh SFRRP approval, Desiqn Review Board or Historic
Preservation Board approval, as applicable.
.:.
b. Otherwise. buildinqs or structures approved administratively throuqh staff
level review shall oCCUpy no more than 30 percent of the lot area upon
which the buildinq or structure is erected.
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W One StOry Structures
tRat-e One-story structures on lots that have an area of 10,000 square feet or
ffiss may exceed the maximum 35 percent lot coveraqe throuqh staff level review
and shall be subject to existing the setback regulations outlined in section 142-
106, but in no instance shall the buildinq footprint exceed 50 percent of the lot
area. For purposes of this section, a one-story structure shall not exceed 18 feet
in height as measured from grade.
Ql CalculatinQ Lot CoveraQe
For purposes of calculating lot coverage, the footprint shall be calculated from
the exterior face of exterior walls and the exterior face of exterior columns on the
ground floor of all principal and accessory buildings, or portions thereof.
However, outdoor covered areas, such as, but not limited to, loggias, covered
patios, pergolas, etc., that are open on at least two sides, and not covered by an
enclosed floor above, shall not be included in the lot coverage calculation.
&l GaraQes
A maximum of 400 500 square feet of non air conditioned garage space shall not
be counted in lot coverage if the area is limited to qaraqe. storaqe and other
non-habitable uses as provided throuqh restrictive covenant and the garage +s
set back an additional five feet from the main building line facing the right of WGY,
or the garage is constructed '::ith vehicular entrance(s) perpendicular or not
visible from the right of way, or if the garage entrance is not part of the principal
facade of the building. conforms to the followinq criteria:
a. The qaraqe is one stOry in heiqht and not covered by any portion of
enclosed floor area above. Enclosed floor area shall be as defined in
section 114-1.
Q" The vehicular entrance(s) of the qaraqe is not Dart of the principal facade
of the main house.
c. The qaraqe is constructed with a vehicular entrance(s) perpendicular to
and not visible from the riqht-of-way, or the entrance(s) is set back a
minimum of five feet from the principal facade of the main house when
facinq a riqht-of-way.
@ Non-conforminQ Structures
Existinq sinqle-family structures nonconforminq with respect to sections 142-105
and 142-106, may be repaired. renovated rehabilitated reqardless of the cost of
such repair, renovation or rehabilitation. notwithstandinq the provisions of
Chapter 118. Article IX. "Nonconformance." Should such an existinq structure
constructed prior to October 1, 1971, be completely destroyed due to fire or other
catastrophic event. throuQh no fault of the owner, such structure may be
replaced reqardless of the above noted requlations existinq at the time of
destruction.
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@ Demolition of Architecturallv SiQnificant SinQle-Familv Homes
Proposed new construction that exceeds the oriqinal buildinq footprint of a
demolished architecturally siqnificant sinqle-family home shall follow the
provisions of Section 142-108.
ft} {ill Height restriction. The height regulation exceptions contained in section 142-1161 shall
not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply,
and unless otherwise specified in terms of height and location, shall not exceed ten feet
above the roofline of the structure. In qeneral, heiqht exceptions that have not been
developed inteqral to the desiqn intent of a structure shall be located in a manner to
have a minimal visual impact on predominant neiqhborhood view corridors as viewed
from public riqhts-of-way and waterways.
(1) Chimneys and air vents, not to exceed five feet in height.
(2) Decks, not to exceed six inches above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one
floor below.
(3) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, and covered structures, which are open on all sides,
wt:HGR and are not intended for habitation or to extend interior habitable space.
Such structures shall not exceed a combined area of 20 percent of the enclosed
floor area immediately one floor below.
(4) Radio and television antennas.
(5) Parapet walls, not to exceed three and one-half feet above the maximum
permitted height.
(6) Stairwell and elevator bulkheads in qeneral shall be located to be visually
recessive such that they do not become vertical extensions of exterior buildinq
elevations located directly alonq required setback lines. SFRRP, Historic
Preservation Board or DesiQn Review Board. approval as applicable. shall be
required when the bulkhead's proximity to a property line is closer than 125
percent of the depth of the nearest setback yard(s). Depth shall be measured
perpendicular from the property line.
(7) Skylights, not to exceed five feet above the main roof line.
(8) Air conditioning and mechanical equipment not to exceed five feet above the
main roof line and may be required to be screened in order to ensure minimal
visual impact as identified in the qeneral section description above.
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f91 Non conforming structures. Existing single bmily structures nonconforming 'Nith respect
to lot coverage, may be repaired, renovated or rehabilitatod regardless of the cost of
such repair, renovation or rehabilitation, notwithstanding the provisions of Chapter 118,
Article IX, "Nonconformances." Should such an existing structure constructed prior to
October 1, 1971, be completely destroyed due to fire or other catastrophic O'.'ent, such
structure may be replaced regardless of the lot coverage regulations existing at the time
of destruction. [relocated to section (4)J
SECTION 3. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended as follows:
The setback requirements for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family residential districts are as follows:
(1) Front yards:
a. NeAF. The minimum front yard setback requirement for these districts shall be 20
feet.
1. One stOry structures may be located at the minimum front yard setback
line.
2. Two stOry structures or the second floor shall be setback a minimum of
ten (10) additional feet from the required front yard setback line.
~ Up to 50 percent of the developable width of the second floor may
encroach forward to the 20 foot setback line throuqh staff level review.
Portions that encroach forward in excess of 50 percent shall require
SFRRP. Historic Preservation Board. DesiQn Review Board approval.
as applicable.
(2) Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width,
but not to exceed 50 feet.
b. Interior sides. Anyone interior side yard shall have a minimum of ten percent of
the lot width or seven and one-half feet, whichever is greater. When an existing
building sinqle-family structure is beinq renovated less than 50 percent of the
value determination. as prescribed by the buildinq official pursuant to the
standards set forth in the Florida Buildinq Code, and has a non-conforming side
yard setback of at least five feet, the setback of new construction in connection
with the existing building may be allowed to follow the existing building lines. !f
the sinqle-family structure is renovated in excess of 50 percent of the value
determination, as determined by the buildinq official pursuant to the standards
set forth in the Florida Buildinq Code, any new construction in connection with
the renovation shall meet the setback requlations existinq at the time.
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c. Two stOry side elevations located in proximity to a side property line shall not
exceed 50 percent of the lot depth. or 80 feet. whichever is less. without
incorporatinq additional open space directly adjacent to the required side yard.
The threshold of the proximity shall be equal to or less than 150 percent of the
width of the required side yard setback. The intent of this requlation shall be to
break UP lonq expanses of uninterrupted two stOry volume at or near the required
side yard setback line and exception from this provision may be qranted only
throuqh SFRRP, Historic Preservation Board. Desiqn Review Board
approval. as applicable. The additional open space shall be reqular in shape
and at least 8 feet in depth. measured perpendicular from the side setback line.
The square footaqe of the additional open space shall not be less than 1 percent
of the lot area.
d. The maintenance of the non-conforming side yard setback shall apply to the
linear extension of a single story building, as long as the addition does not
exceed 18 feet in height as measured from grade. This shall also apply to the
construction of a second floor addition to existing single-family buildings homes
constructed as of /'.UQust 10. 2002 (the effective date of this ordinance). The
construction of a ground floor addition of two stories or more than one stOry shall
follow the required setbacks.
G,- e. Side, facing a street. Each required side yard facing a street shall be no less than
ten percent of the lot width or 15 feet, whichever is greater.
(3) Reserved.
(4-;ll Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet
minimum, 50 feet maximum.
SECTION 4. That Section 142-107, "Development regulations for the Altos Del Mar Historic
District ", is hereby amended as follows:
*
*
*
TABLE INSET:
(a) Minimum Lot Width 50 feet
(b) Maximum Lot Width (No variance from this 100 feet (2 adjoining lots)
provision shall be granted)
(c) Maximum Unit Size
RS-3 4,700 square feet for Habitable Major Structures
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1 ,700 square feet for the Understructure and Non-
habitable Major Structures. An additional 600 square
feet shall be allowed for the Qaraqe.
3,250 square feet. No variances shall be granted with
RS-4 regard to the maximum square footage of structures.
An additional 400 square feet shall be allowed for the
qaraqe.
(d) Maximum Unit Size for two adjoining 50
foot lots.
7,000 square feet for Habitable Major Structures
RS-3
3,400 square feet for the Understructure and Non-
habitable Major Structures. An additional 600 square
feet shall be allowed for the qaraqe.
RS-4 3,750 square feet. An additional 400 square feet shall
be allowed for the qaraqe.
SECTION 5. That Section 142-108 "Provisions for the demolition of single family homes located
outside of historic districts" is hereby amended as follows:
*
*
*
(e) Partial demolition.
(1) A building permit for partial demolition to accommodate additions or modifications
to the exterior of any architecturally significant single-family home constructed
prior to 1942 shall be issued only upon the prior final approval by the planning
director, or designee, after the expiration of time following any appeals or
exhaustion of all applicable remedies. A property owner may decide to proceed
directly to the DRB. pursuant to subsection 142-108(q), or aqree to have the
partial demolition reviewed and approved by staff, pursuant to subsection 142-
108(e)(4); in either instance, a demolition permit shall not be issued until a full
buildinq permit for new construction has been issued.
*
*
*
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(g) New construction requirements for properties containing a single-family home
constructed prior to 1942.
(1) In addition to the development regulations and area requirements of section 142-
105, as well as section 118-252, of the land development regulations of the City
Code, the following regulations shall apply in the event the owner proposes to
fully or substantially demolish an architecturally significant single-family home
constructed prior to 1942, inclusive of those portions of a structure frontinq a
street or waterway. In the event of a conflict between the provisions of section
142-105 and section 118-252, and the regulations below, the provisions herein
shall control:
a. The design review board (DRB) shall review and approve all new
construction on the subject site, in accordance with the applicable criteria
and requirements of chapter 118, article VI, section 251(a)1-12 of the
land development regulations of the City Code.
b. The DRB review of any new structure, in accordance with the
requirements of chapter 118, article VI, shall include consideration of the
scale, massing, building orientation and siting of the original structure on
the subject site, as well as the established building context within the
immediate area.
c.1. The overall lot coverage of proposed new buildings or structures shall not
exceed the building footprint of the original structure on site, or shall be
limited to the following, whichever is greater, based upon the overall size
of the subject lot:
i. For lots less th3n 10,000 square feet or less, the lot coverage
shall not exceed 30 percent;
ii. For lots greater than 10,000 square feet, but less than 25,000
square feet, the lot coverage shall not exceed 25 percent;
iii. For lots gre3ter th3n 25,000 square feet or qreater, the lot
coverage shall not exceed 15 percent.
c.2. The DRB may waNe forqo the above noted lot coverage restrictions if it
concludes that the retention of the architecturally significant single-family
home is not practical or feasible, in which case the DRB review of any
request for demolition shall consider the criteria in subsection (a) herein,
as well as the following criteria:
i. Whether good cause for the demolition of the structure has been
shown.
ii. Whether pertinent economic and financial considerations that
affect the ability of the owner to renovate, restore and add on to
the structure.
iii. Whether the structural condition of the single-family home or other
factors affect the feasibility of renovating, repairing or restoring the
structure.
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d. In the event a new home does not exceed one-story in height, the lot
coverage shall not exceed 35 percent of the lot area; for purposes of this
section, a one-story structure shall not exceed 12 feet in height as
measured from minimum flood elevation.
e. The above regulations shall also be a limitation on development in all lots
within a single site that may be split into multiple lots or multiple lots that
are aggregated into a single site, at a future date. When lots are
aggregated, the greater of the footprint permitted by the lot coverage
regulations, or the footprint of the larger home, shall apply.
*
*
*
SECTION 6. That Section 142-108, "Provisions for the demolition of single-family homes
located outside of historic districts" is hereby amended as follows:
*
*
*
(i) New construction procedures for single-family homes demolished without required
approvals or permits. For those properties where a single-family home constructed
before 1942 was demolished without prior approval of the planning department, the
Desiqn Review Board or aM the Single-Family Residential Review 00afG Panel, and
without the required permits from the building official, in addition to any other applicable
law in this Code or other codes, the following shall apply prior to the issuance of any
building permit for any new construction on the subject site:
*
*
*
(7) In the event a single-family home constructed prior to 1942 is demolished without
prior approval of the planning department, the Desiqn Review Board or aM the
Single-Family Residential Review 00afG Panel, and without the required permits
from the building official, in addition to any other applicable law in this code or
other codes, the city shall document such demolition, and the applicable
requirements and procedures for any new construction delineated herein, for
recording in the public records of Miami-Dade County, to give notice to
subsequent purchasers of the property.
SECTION 7. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
are hereby repealed.
SECTION 8. CODIFICATION.
It is the intention of the City Commission, 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 as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
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SECTION 9. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this
ordinance, applications for building permits for new construction or renovations of single-family
homes that have received a process number from the City of Miami Beach Building Department
by (the effective date of this ordinance), may obtain a full building permit based upon the plans
originally submitted, as long as the plans are in substantial compliance with the originally
submitted plans as modified through the effective date of the ordinance.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
ATTEST:
~~tW. d r (AAL~IA
MAYOR
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 6th day of September
CITY CLERK
Robert Parcher
First Reading: 711i/~0
Second Reading: ~,c'; ()l:,
Verified by: 1J
J9r9 G. omez, AICP ,/
Pia ning Director C
Underscor Clenotes new language
Strikethrough denotes deleted language
Bold denotes new language added between first and second reading
Approved As To Form
I And Language &
~ For Execution
,{ ,y
JGG/ML/ RNC
F:\PLAN\$PLB\draft ordinances\1715 - Single-family regs revisions\SF Dev Regs CC 2nd 09-06-06 amended by CC.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the Land
Development Regulations of the Code in order to address lot coverage, structure size, building height,
setback re uirements and review rocedures for new sin le-famil residential construction.
Ke Intended Outcome Su orted:
Satisfaction with Neighborhood Character. To encourage and promote new single-family construction that is
compatible with the established and prevailing character of the City's existing single-family neighborhoods.
Issue:
Should the Mayor and City Commission amend the regulations dealing with the scale and size of new single
family structures and discuss the potential to recapture any diminished development rights through a review
by a panel of architects? Furthermore, should such panel be exempt from the current code of ethics
limitations?
Item Summary/Recommendation:
In response to an ongoing discussion, first initiated by the Planning Board, regarding the often dramatic
impact recent construction projects continue to have on the existing character of the City's single-family
residential neighborhoods, Planning Department staff has researched and prepared amendments to the City's
single-family land development regulations.
The Administration recommends that the Commission adopt the ordinance as amended at the July 12, 2006
City Commission meeting.
Advisory Board Recommendation:
The Planning Board favorably recommended the proposed amendments to the City Commission at public
hearings held on March 28, 2006, and April 19, 2006.
The Land Use and Development Committee favorably recommended the item to proceed to a first reading by
the City Commission at their June 6, 2006, meeting.
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
aSPI Total
Financial Impact Summary:
The proposed amendments create a new single-family review process that will require additional
Planning Department services.
Cit Clerk's Office Le islative Trackin
Jorge G. Gomez/Mercy Lamazares
Sign-Offs:
epartment Dir
Assistant City Manager
City Manager
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M.lAMI BEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manage~o r c:-
September 6, 2006
Second ReadinQ Public HearinQ
TO:
DATE:
SUBJECT: AMENDMENTS TO THE SINGLE - FAMILY LAND DEVELOPMENT
REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2,
"RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY
AMENDING LOT COVERAGE, STRUCTURE SIZE, BUILDING HEIGHT AND
SETBACK REQUIREMENTS FOR NEW SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION AND BY AMENDING THE CRITERIA AND PROCEDURAL
THRESHOLDS FOR THE REVIEW AND APPROVAL OF NEW SINGLE-
FAMILY RESIDENTIAL CONSTRUCTION INCLUSIVE OF THE CREATION OF
A NEW SINGLE-FAMILY RESIDENTIAL REVIEW PANEL; PROVIDING
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The City Administration recommends adoption of the ordinance.
BACKGROUND
In response to an ongoing discussion, first initiated at their May 24,2004, meeting regarding the
often dramatic impact recent construction projects continue to have on the existing character of
the City's single-family residential neighborhoods, the Planning Board directed planning staffto
research and prepare amendments to the City's single-family land development regulations in
order to address the following points:
1. Incentives relative to lot coverage for one story and two story homes.
2. Create a "sliding scale" relative to lot coverage for the various lot sizes.
3. Incorporate provisions relative to interior courtyards; better defining their applicability to
lot coverage based on location, design and massing implications.
4. Refine lot coverage exclusions.
5. Provide incentives which promote garages as ancillary rather than focal to a structure.
6. Study the creation of design guidelines for single-family residences whereby the bulk
and massing of structures is further articulated to relate to adjacent structures.
City Commission Memorandum
Amendments to the Single-Family Development Regulations
September 6, 2006
Page 2
The Planning Board reviewed the ordinance amendments at regularly scheduled meetings and
workshops held on the following dates:
Discussions
March 29, 2005
May 24, 2005
Public Workshops
August23,2005
January 24, 2006
Public Hearinqs
December 20, 2005
March 28, 2006
Palm Hibiscus Star Island Association
March 7, 2006, 7:00pm
Miami Chapter of the American Institute of Architects
March 13, 2006, 6:00pm
North Beach Community and Homeowner's Associations
March 16, 2006, 5:30pm
SUMMARY AND ANALYSIS
The above listed public meetings, workshops, discussions and hearings are testament to the
continued community interest that has guided this latest effort to refine the City's single-family
land development regulations. In this regard, the process has been a collaborative one whereby
the Planning Board and planning staff have actively engaged the public through significant
graphical research and analysis toward reaching consensus on the refinement of several key
issues affecting the character and quality of life of the City's single-family neighborhoods. A brief
summary and analysis of the amendments follows:
Ordinance Section 1. "Purpose"
Code section 142-101, includes amended language further clarifying the intent of the single-
family land development regulations as a mechanism to promote compatible new construction
and address the often inharmonious relationship that occurs between recent new construction
and existing neighborhood character.
Ordinance Section 2. "Development Regulations and Area Requirements"
This portion of the ordinance addresses the procedural review and development regulations
within the RS-1, RS-2, RS-3, and RS-4 single-family zoning districts and includes refinements to
the following sections:
Code section 142-105(a), "RS-1, RS-2. RS-3. RS-4 districts"
Has been amended to enhance the existing review criteria and further clarify the parameters of
the existing administrative staff level review as well as identify new procedures whereby certain
parameters may be exceeded through approval by a new Single-Family Residential Review
Panel (SFRRP).
Great effort has been taken to develop these two expedited methods of approval so that an
applicant may move quickly through the process depending on the level of impact the project
involves. In this regard, an applicant may choose either to comply with the refined standards
regarding lot coverage, building height and building massing through staff level review or
request approval to the maximums currently allowed by Code through panel level review by the
SFRRP. The creation of this new three member panel is based on City of Coral Gables model
of the "Board of Architects", and is to be composed primarily of registered architects and other
highly credentialed design professionals. The success of this new peer review process will be
dependent on the ability of the City to attract a list of qualified local architects to serve on a
City Commission Memorandum
Amendments to the Single-Family Development Regulations
September 6, 2006
Page 3
rotating basis without violating the intent of the current City Code section pertaining to the
limitation on appearances before City Boards (Section 2-459). Although the Planning Board
recommended that the Commission amend the current provision to exempt the panel of
architects from this provision as is the case with the similar section of the County Code
regarding exemption of certain members of county boards from the Miami-Dade County Code of
Ethics Ordinance, the City Commission ultimately decided that the Ethics Ordinance should not
be waived.
Code Section 142-105(a)(1), "Compliance with Requlations and Review Criteria."
Two sections have been added between first and second reading, d. and e., to clarify which
review board has jurisdiction; Le., structures that are individually designated historic or located
within a designated historic site only have to be reviewed and approved by the Historic
Preservation Board; and those homes constructed prior to 1942 and determined architecturally
significant and have been demolished, the subsequent construction requires the review and
approval of the Design Review Board.
Code Section 142-105(b), "Lot width, unit size and buildinq requirements"
The table inset associated with this section has been amended to refine building height and
proportion relative to lot width and reduce the maximum number of stories from 3 to 2. The table
further identifies a new category regarding maximum unit size in order to encourage more
responsive volumetric massing of two story structures within the context of the City's established
single-family neighborhoods.
Code Section 142-105(d) (1). "Lot Coveraqe (buildinq footprint)"
Through several iterations, this section has been amended to further refine the current lot
coverage maximum in order to promote new construction that relates better to the scale of the
existing structures within the City's established single-family neighborhoods. Specifically, this
section lowers the current allowable 35 percent lot coverage maximum to a 30% maximum and
creates the ability to recapture lot coverage back to the 35 percent maximum through SFRRP
approval.
Code Section 142-105(d) (2). "One StOry Structures"
Currently limited to lots 10,000 square feet or less, this section has been amended to allow all
one-story structures to exceed the 35 percent lot coverage to a maximum of 50 percent,
regardless of lot size.
Code Section 142-105(d) (4). "Garaqes"
This section increases the maximum square footage of garage space exempt from the lot
coverage calculation from 400 to 500 square feet with further clarification of the specific criteria
relative to its location, massing and configuration. Most notable with this proposed amendment
is the allowance of the garage to be an air-conditioned space, as currently not permitted,
provided its use as non-habitable space is recorded through restrictive covenant
Code Section 142-105(d) (5), "Non-conforminq structures"
This section has been relocated to a more logical place. A modification that clarifies that if the
home was completely destroyed due to fire or other catastrophic event, was requested by the
City Attorney at the July 12, 2006. This modification includes a clause that the loss is not
caused by the fault of the owner.
Code Section 142-105(d) (6), "Demolition of Architecturally siqnificant sinqle-family homes"
This amendment is proposed as a cross-reference to section 142-108 which further clarifies the
lot coverage parameters for the demolition of architecturally significant single-family homes.
City Commission Memorandum
Amendments to the Single-Family Development Regulations
September 6, 2006
Page 4
Code Section 142-105(e), "Heiqht restriction"
This section has been amended to include additional language relative to the treatment and
location of certain rooftop projections. In particular, the section calls for height regulation
exceptions such as stairwell and elevator bulkheads to be located inward from setback lines.
Ordinance Section 3. "Setback requirements for a single-family detached dwelling"
Code section 142-106 has been amended to incorporate additional provisions relative to front
and side yard setbacks. In particular, this section requires that two story structures or the
second floor be setback an additional 10 feet from the minimum required 20 foot front yard
setback line when reviewed at staff level. The provision further states a portion of the second
floor may encroach forward of this additional setback, but will trigger SFRRP. approval if the
amount exceeds 50 percent of the second floor setback area.
With regard to side yards, language has been developed to ensure that two story side elevations
located along or near the required side yard setback line do not extend for great lengths without
providing some open space relief in terms of a break or interruption in the design of the
elevation.
Ordinance Section 4. "Development regulations for the Altos Del Mar Historic District"
Modifies Code section 142-107 to clarify the maximum amount of garage space not counted into
the square footage calculation of the main structure.
Ordinance Section 5. "Provisions for the Demolition of single-family homes located
outside of historic districts"
Modifies Code section 142-108 to clarify the application process and further define the
parameters for lot coverage of new construction that exceeds the original building footprint of an
architecturally significant single-family home on site.
Ordinance Section 6. "Provisions for the demolition of single-family homes located
outside of historic districts"
Modifies Section 142-108 to clarify that when a single-family home that was constructed before
1942 was demolished without prior approval of either the planning department, the Design
Review Board or and the single-family residential review board panel, and without the required
permits from the building official, additional procedures and regulations must be followed.
LAND USE AND DEVLOPMENT COMMITTEE ACTION
The City Commission referred this item to the Land Use and Development Committee (LUDC) at
their May 10,2006 meeting. LUDC Commissioners M. Bower and J. Libbin reviewed the item at
their June 6th, 2006, meeting and recommended that the item continue to the full Commission for
first reading.
PLANNING BOARD ACTION
The Planning Board favorably recommended the ordinance amendments to the City
Commission at public hearings held April 19th, 2006 and May 28th, 2006.
CITY COMMISSION ACTION
At the July 12, 2006 meeting, the City Commission approved the proposed ordinance on first
reading with the following amendments:
City Commission Memorandum
Amendments to the Single-Family Development Regulations
September 6, 2006
Page 5
1. Create a separate single-family review panel to be comprised of three individuals, two of
which are architects from a pre-approved list, and one resident, also from a pre-
approved list, on a rotating basis.
2. Modify by adding a clarifying clause to Section 142-105(d)(5) "Non-Conforming
Structures"... fire or other catastrophic event, throuQh no fault of the owner, such
structure may..."
These modifications have been included in the proposed ordinance.
FISCAL IMPACT
The proposed ordinance does contemplate the creation of a new single-family residential review
panel process and will require the planning department and the legal department to perform
additional administrative duties. To this end, the proposed ordinance will have a fiscal impact on
the City because it may require additional planning staff to perform the resulting administrative
duties. It should also be noted that the ordinance contemplates a reduction on the overall square
footage of a single family home. To the extent that a property's value is partially determined by
the overall size of the structure there may be some reduction in the taxes collected. However, as
a mater of practical experience, very few homes attain the maximum size allowed under the
current regulations and the proposed ordinance provides for a mechanism to recapture the
existing maximum size.
CONCLUSION
In view of the comprehensive public meeting process and significant research and analysis that
has been undertaken in order to achieve the following amendments to the City's single-family
land development regulations, the City Administration recommends that the City Commission
approve the item on second reading, public hearing on September 6, 2006.
Pursuant to Section 118-164(3) of the City Code, when a request to amend the land
development regulations does not change the actual list of permitted, conditional or prohibited
uses in a zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and at least ten days prior to adoption, shall be noticed once in a newspaper of
general circulation in the city. Immediately following the public hearing at the second reading, the
city commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of
the city commission shall be necessary in order to enact the ordinance.
JMG:TH:JGG:RNC:ML
T:\AGENDA\2006\sep0606\Regular\1715 - SF LDR amendment CC memo 09-06-06.doc
ce MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 170.0. Convention Center Drive, Miami
Beach, Florida, on Wednesday, September 6, 2006, to consider the following:
10.:15 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration" Amending
Article 3, Entitled "Agencies, Boards, And Committees"Amending Division 25, Entitled "Transportation And
Parking Committee"Amending Section 2-190..94, Entitled "Composition", By Reducing The Number Of Voting
Members On The Committee From 19 To 14, And Amending The Composition Of The Committee To Delete
The MembershipsRepresentation From The Following Organizations: Washington Avenue Task Force; South
Pointe Advisory Board To The Miami Beach Redeveiopment Agency; Miami Beach Transportation
Management Association; Miami Beach Convention Center And Theater Of The Performing Arts (SMG); And
I Middle Beach Partnership, Inc., DIBIA 41st Street-Middle Beach Partnership; Further Deleting The Non-
Voting Ex-Officio Member Representations.
InqUiries may be directed to the Parking Department at (30.5) 673-7275.
10.:20. a.m.
An Ordinance Amending Chapter 46 Of The City Of Miami Beach Code By Adding Article 6 Thereof Entitled
"Turtle Nesting Protection Ordinance," Establishing Regulations For Lighting And Other Activities On
Properties Abutting Or Affecting The Beach, Including East OfThe Coastal Construction Control Line, For The
Protection Of Sea And Marine Turtles, Endangered Species Nesting On Miami Beach.
Inquiries may be directed to the Public Works Department at (30.5) 673-70.80..
10.:25 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration"By Amending
Article Vi, Entitled "Procurement"By Amending Division 6, Entilled "Living Wage Requirements For City
Service Contracts And City Employees"By Amending Section 2-4o.8(B), Entitled "Health Benefits; Eligibility
Period", To Require Covered Employers, OrThe City, To Pay A Living Wage Of $9.81 An Hour, Commencing
On The Date Of Hire Of The Covered '::mployee, Through The Eligibility Period.
Inquiries may be directed to the Procurement Division at (30.5) 673-7490..
10.:40. a.m.
An Ordinance Amending The Land Oeveiopment Regulations Of The Code Of The City Of Miami Beach, By
Amending Chapter 118. "Administration And Review Procedures", Article II, "Boards", DiVision 4, "Historic
Preservation Board", Section 118-10.6 To Modify The Requirements For Approvals Of Certificates Of
Appropriateness.
Inquiries may be directed to the Planning Department at (30.5) 673-7550..
10.:50. a.m.
An Ordinance Amending Chapter 142, "Land Development Regulations," Of The City Code; By Amending
Article IV, "Supplementary Use Regulations,"Section 142-874, "Required Enclosures," By Clarifying Store
Enclosures; And Amending Section 142-904,"Additional Mixed Use Entertainment District Regulations," To
Allow The Sale Of Cigars And Cigarettes By A Vendor Licensed On The Premises With Transactions To
Occur Only Within Private Property.
Inquiries may be directed to the Planning Department at (305) 673-7550..
2:0.0. p.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Section 114-1, "Definitions,"
Clarifying The Meaning Of "Site;"Amending Chapter 142, "Zoning Districts And Regulations," Article II,
"District Regulations," Division 18, "PS Performance Standard District," Clarifying That Floor Area May Be
Distributed On Biock 1 Through Covenants In Lieu Of Unity Of Title.
inquiries may be directed to the City Attorney's Office at (30.5) 673-7470.
\/5:0.5 p.m. .
"'\ i An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
Florida, Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," By Amendhg Lot Coverage. Structure Size. Building Height And Setback
Requirements For New Single-Family Residential Construction And By Amending The Criteria And
Procedurai Thresholds For The Review And Approval Of New Single-Family Residential Construction
Inclusive Of The Creation Of A New Slngie-Family Residential Review Panel.
Inquiries may be directed to the Planni'lg Department at (30.5) 673-7550..
INTERESTED PARTiES are inv:ted to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, clo the City Clerk, 170.0 Convention Center Drive,
1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during normal business hours in the City Clerk's Office, 170.0. Convention Center Drive, 1 st Floor,
City Hall, and Miami Beach, Floridn 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 2860105 Fla. Stat., the City hereby advises the public that: if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting or its
hearing, such person must ensure that a verbatim record of tne proceedings is made, which 'eeord inciudes
the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent
by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons
with disabilities, andlor any accommodation to review any document or participate in any city-sponsored
proceeding, please contact (30.5) 604-2489 (voice), (3o.5)673-7218(TTY) five days in advance to initiate your
request. TTY users may also call 711 (Florida Reiay Service).
Ad #386
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