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Ordinance 2019-4241 Single Family Front and Street Side Setback Regulations Raised Street Harmonization ORDINANCE NO. 2019-4241 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, ENTITLED, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," AT SECTION 142- 106, ENTITLED, "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING" BY MODIFYING FRONT AND STREET SIDE SETBACK REQUIREMENTS FOR PROPERTIES THAT SEEK TO HARMONIZE EXISTING YARD ELEVATIONS WITH CITY STREET RAISING PROJECTS;- PROVIDING CODIFICATION; REPEALER; SEVERABILITY;. AND AN EFFECTIVE DATE. WHEREAS, the regulation of single family districts is necessary in order to ensure compatible development within the built character of the single-family neighborhoods in the City; 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, due to resiliency and sea level rise concerns the City proposes to raise certain streets in the City; and WHEREAS, in conjunction with the raising of City streets, the City desires to,provide single family properties the opportunity to harmonize the front yard heights to the adjacent and abutting streets that have been raised by the City; 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. 142-106, "Setback requirements for a single-family detached dwelling", is hereby amended,as follows: 142-106. - Setback requirements for a single-family detached dwelling. 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 • (1) Front yards:The minimum front yard setback requirement for these districts shall be 20 feet. a. One-story structures may be located at the minimum front yard setback line. b. Two-story structures shall be set back a minimum of ten additional feet from the required front yard setback line. c. [Reserved.] d. At least 50 percent of the required front yard area shall be sodded or landscaped pervious open space. With 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. e. In the event that an existing single family home has an abutting street raised pursuant to an approved City project, and such home was previously permitted with less than 50 percent of the required front yard area consisting of sodded or landscaped pervious open space, such property may retain the most recent, previously permitted pervious open space configuration, provided the front yard is raised to meet the new street elevation. However, in no instance shall less than 30 percent of the required front yard be sodded or landscaped pervious open space. (2) Side yards: a. The sum of the required side yards shall be at least 25 percent of the lot width. b. Side, facing a street. 1. Each required side yard facing a street shall be no less than ten percent of the lot width or 15 feet, whichever is greater. Also, at 2. At least 50 percent of the required side yard area facing a street shall be sodded or landscaped pervious open space. With 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. 3. In the event that an existing single family home has an abutting street raised pursuant to an approved City project, and such home was previously permitted with less than 50 percent of the required side yard area facing a street consisting of sodded or landscaped pervious open space, such property may retain the most recent, previously permitted pervious open space if the side yard area facing a street is raised to meet the new street elevation. However, in no instance shall less than 30 percent of the required side yard area facing a street be sodded or landscaped pervious open space. c. Interior sides. 1. For lots greater than 60 feet in width each any--one interior side yard shall have a minimum of ten percent of the lot width or ten feet, whichever is greater. 2. For lots 60 feet in width or less each arm-one interior side yard shall have a minimum of seven and one-half feet. 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 re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 4. SEVERABILITY. If 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 /3 day of F4hrtear , 2019. ATTEST: Dan Gelbe , ayor Rafae E. Gr do� ity CI rk rY "- s z.:� \ � \!'l '� APP'ROVED AS TO •'`> " FCR & LANGUAGE -�� \NCORp ORA\EO & F a R EXECUTION *AY Ai Id 734grty • Attorney, Date Verified by: 41% /ig Th•mas R. Mooney, AICP Planning Director Underscore denotes new language St�rough denotes removed language [Sponsored by John Elizabeth Aleman] T:\AGENDA\2018\12 December\Planning\SF Setbacks Street Raising-First Reading ORD.docx 3 Ordinances - R5 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 13, 2019 1:30 p.m. Second Reading Public Hearing SUBJECT: SINGLE FAMILY FRONT AND STREET SIDE SETBACK REGULATIONS RAISED STREET HARMONIZATION AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, ENTITLED, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS,"AT SECTION 142- 106, ENTITLED, "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING" BY MODIFYING FRONT AND STREET SIDE SETBACK REQUIREMENTS FOR PROPERTIES THAT SEEK TO HARMONIZE EXISTING YARD ELEVATIONS WITH CITY STREET RAISING PROJECTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY On September 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee (LUDC) and the Planning Board (Item C4E). On October 31, 2018, The Land Use and Development Committee recommended that the City Commission approve the subject Ordinance. PLANNING ANALYSIS The subject Ordinance amends Section. 142-106 of the City Code, regarding minimum open space requirements within required front and street yards for single family properties seeking to harmonize with City approved street raising projects. Specifically, the proposal would allow for previously approved homes with less than the currently required 50% pervious area in a front and/or street side yard to maintain a lesser pervious area in conjunction with the raising of the yards to meet the elevation of a new street and sidewalk. However, in no instance could the open space area of a raised yard be less than 30%. Page 474 of 911 The subject ordinance is intended to encourage properties that are adjacent to raised streets to better harmonize with these types of streetscape projects, if their property allows for it. PLANNING BOARD REVIEW On November 27, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendments and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). UPDATE On December 12, 2018, the subject Ordinance was deferred at First Reading to January 16, 2019, due to the length of the Commission agenda. The subject Ordinance was approved at First Reading on January 16, 2019, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance.. Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Ordinance Page 475 of 911