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2014-3907 Ordinance SINGLE FAMILY HOME DEVELOPMENT REGULATIONS ORDINANCE NO 2014-3907 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114- 1, "DEFINITIONS" BY INCLUDING DEFINITIONS FOR `INTERIOR SIDE YARD OPEN SPACE', `INTERNAL COURTYARD', `TERRACE' AND `ROOF DECK'; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS;" BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE THE REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT SPLIT SHALL BE REVIEWED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD, AS MAY BE APPLICABLE; BY AMENDING AND CLARIFYING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE; BY AMENDING AND CLARIFYING THE CALCULATION FOR THE PHYSICAL VOLUME OF THE SECOND FLOOR; BY AMENDING AND CLARIFYING THE REGULATIONS REGARDING ROOF DECKS; BY MODIFYING THE PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT; AND BY AMENDING AND CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR THE FORMAL DETERMINATIONS OF ARCHITECTURAL SIGNIFICANCE OF AN ELIGIBLE SINGLE- FAMILY HOME THAT IS PROPOSED TO BE SUBSTANTIALLY RETAINED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the regulation of additions and new construction in 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, City Commission recently adopted modifications to the Single Family Home development regulations; and WHEREAS, it is appropriate to update the definitions and amendments in the Code for the review and approval of single-family residential construction; 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; and WHEREAS, the Planning Board, at its meeting dated September 23, 2014, by a vote of 6-0 recommended in favor of the Ordinance; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Miami Beach City Code, Chapter 114, "General Provisions," Section 114- 1, "Definitions," is hereby amended as follows: Sec. 114-1. Definitions. The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Courtyard, Internal, means that portion of a lot whether sodded, landscaped or paved, unoccupied by any part of a structure and open to the sky, which is substantially surrounded by a single building or group of buildings on three(3) or more sides. Terrace, means a platform that extends outdoors from a floor of a house serving as an outdoor living space, and which may or may not be covered. Interior side yard open space, means that open space portion of a lot whether sodded, landscaped or paved, unoccupied by any part of a structure and open to the sky, which is surrounded by a single building or group of buildings on three (3) sides by walls, and extending towards an interior or side facing street yard. Roof deck, means a structural platform located above the finished main roof line of a building, designed for outdoor occupation. SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-105, "Development Regulations and Area Requirements," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-105. Development regulations and area requirements. (a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single- family residential districts are as follows: (1) Compliance 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 director or designee the design review board (DRB), or historic preservation board (HPB) as applicable, in order to determine consistency with the review criteria listed in this section. b. In complying with the review criteria located in this section, the applicant may choose either to adhere to the development regulations identified in sections 142-105 and 142-106 administratively through staff level review or seek enhancements of the applicable development regulations as specified therein, where permitted, through approval from the historic preservation board or design review board, in accordance with the applicable design review or appropriateness criteria. c. Notwithstanding the foregoing, for those structures located within a locally designated historic district, or individually designated as an historic structure or site, the review and approval of the historic preservation board (HPB) may be required. d. Notwithstanding the foregoing, for those structures constructed prior to 1942 and determined to be architecturally significant, in accordance with section 142-108 herein, the review and approval of the design review board (DRB) shall be required. (b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential districts are as follows: (4) Unit size requirements. a. Minimum unit size: 1,800 square feet. b. For purposes of this subsection, unit size means the sum of the gross horizontal areas of the floors of a single-family home, measured from the exterior faces of exterior walls. However, the unit size of a single-family home shall not include the following, unless otherwise provided for in these land development regulations: 1. Uncovered steps. 2. Attic space, providing structural headroom of less than seven feet six inches. 3. Those portions of covered Tterraces, breezeways, or open porches, that do not project more than ten feet from the main home building. 4. Enclosed floor space used for required off-street parking spaces (maximum 500 square feet). 5. Those portions of covered exterior unenclosed private balconies, that do not project more than six (6) feet from the building. c. For two story homes with an overall lot coverage of 25 percent or greater, the physical volume of the second floor shall not exceed 70 percent of the first floor of the main home, °"^'tee inclusive of any enclosed FequiFed parking aFea structure. The DRB or HPB may forego this requirement, in accordance with the applicable design review or appropriateness criteria. (5) Lot coverage (building footprint). a. General. For lots aggregated after September 24. 2013, when a third lot is aggregated, as limited by subsection 142-105(b)(3), the calculation of lot coverage shall be determined by the two lots on which the house is located. b. One-story structures. One-story structures may exceed the maximum lot coverage noted in subsection 142-105(b)(1) above, through staff level review and shall be subject to the setback regulations outlined in section 142-106, but in no instance shall the building footprint exceed 50 percent of the lot area. For purposes of this section, a one-story structure shall not exceed 18 feet in height for flat roof structures and 21 feet for sloped roof structures (measured to the mid-point of the slope) as measured from the minimum flood elevation. However for five percent of the lot coverage, the height may be increased up to 24 feet for a single flat roof structure or 27 feet for a single sloped roof structure (measured to the mid-point of the slope). The length of any wall associated with this higher height shall not exceed 25 feet. c. Calculating lot coverage. 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. Internal courtyards, which are open to the sky, but which are substantially enclosed by the structure on three or more sides, shall be included in the lot coverage calculation. 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. (9) Lot split. All new construction for homes on lots resulting from a lot split application approved by the Planning Board shall be subject to the review and approval of the design review board (DRB) or historic preservation board (HPB), as may be applicable. SECTION 3. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-106, "Setback Requirements for a Single-Family Detached Dwelling," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-106. Setback requirements for a single-family detached dwelling. (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. 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 least 35 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. c. Interior sides. Any one interior side yard shall have a minimum of ten percent of the lot width or seven and one-half feet, whichever is greater. d. Two-story side elevations located parallel to a side property line shall not exceed 50 percent of the lot depth, or 60 feet, whichever is less, without incorporating additional open space, in excess of the minimum required side yard, directly adjacent to the required side yard. The additional open space shall be regular in shape, open to the sky from grade, and at least eight feet in depth, measured perpendicular from the minimum required side setback line. The square footage of the additional open space shall not be less than one percent of the lot area. The open space provided along a side elevation in accordance with this subsection, whether required or not, shall not be included in the lot coverage calculation provided that the combined depth of the open space, as measured from the required side setback line(s), is less than 30 percent of the maximum developable building width of the property, as measured from the interior setback lines, and the total open space provided does not exceed five (5) percent of the lot area. Any portions of the interior side yard open space in excess of five (5) percent of the lot area shall be included in the total lot coverage calculation. The elevation (height) of the open space provided shall not exceed the maximum permitted elevation height of the required side yard, and at least 75 percent of the required interior open space area shall be sodded or landscaped pervious open space. The intent of this regulation shall be to break up long expanses of uninterrupted two-story volume at or near the required side yard setback Line and exception from the minimum requirements of this provision may be granted only through historic preservation board, or design review board approval, as may be applicable, in accordance with the applicable design review or appropriateness criteria. SECTION 4. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-108, "Provisions for the Demolition of Single-Family Homes Located Outside of Historic Districts," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-108. Provisions for the demolition of single-family homes located outside of historic districts. (e) Partial demolition procedures for an architecturally significant home. (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, unless appealed as provided in subsection (3) below. In the event an architecturally significant single family home is proposed to be substantially retained, the mail notice requirements in Section 142-108(a) shall not be required and a A property owner may des+de to proceed directly to the design review board DRB, pursuant to subsection 142-108(8), or agree 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 building permit for new construction has been issued. (f) Issuance of demolition permits for architecturally significant homes. (1) Emergency demolition orders. This section shall not supersede the requirements of the applicable building code with regard to unsafe structures and the issuance of emergency demolition orders, as determined by the building official. In the event that an emergency demolition order is issued for any single family home built prior to 1942, and such order is issued prior to a determination of architectural significance, approval from the design review board for any new construction shall be required. SECTION 5. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 6. 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. SECTION 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 8. EXCEPTIONS. This ordinance shall not apply to an application filed for Land Use Board Approval with the Planning Department on or before September 23, 2014; or to a Building Permit Process Number obtained from the Building Department on or before September 23, 2014. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of NVembec' , 2014. ATTEST: v N�1........... Philip vi yo Raf I Granado, City C rk. ' INCOR? ORATED' APPROVED AS TO First Reading: Octobe 2 _z:2Q� ;' Q'`�? FORM & LANGUAGE J Second Reading: Novemb ( 1�� - FO EXE UTION Verified by: ThorrKs R. Mo ney, I P City Attorne Date Planning Director Underscore denotes new language StFikethmugh denotes deleted language TAAGENDA\2014\November\SF Dev Reg Modifications-ORD 2nd Read.docx COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment clarifying and modifying development re ulations for Single Family homes. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Supporting Data (Surveys, Environmental Scan,etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summa /Recommendation: SECOND READING—PUBLIC HEARING The proposed Ordinance would amend the Single Family Regulations for clarifications of internal courtyard, terrace and balcony calculations; second floor volumetric requirements; lot splits, and architecturally significant homes. On October 22, 2014, the City Commission approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for November 19, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On September 23, 2014 the Planning Board recommended approval of the subject Ordinance by a vote of 6 to 0 (Planning Board File No. 2213). Financial Information: Source of Amount Account Funds: 1 2 3 OGPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: F partme Dir for Assistant City Manager City Manager TAAGENDA\2014\November\SF Dev Reg Modifications-SUM 2nd Reading.docx AGENDA ITEM RsG MIAMIBEACH - DATE l MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City ommission FROM: Jimmy L. Morales, City Manager DATE: November 19, 2014 EC ND READING —PUBLIC HEARING SUBJECT: Clarification of Single Family Reg lations AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," BY INCLUDING DEFINITIONS FOR `INTERIOR SIDE YARD OPEN SPACE', `INTERNAL COURTYARD', `TERRACE' AND `ROOF DECK% BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE THE REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT SPLIT SHALL BE REVIEWED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD, BY AMENDING AND CLARIFYING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE, BY AMENDING AND CLARIFYING THE CALCULATION OF THE PHYSICAL VOLUME OF THE SECOND FLOOR, BY AMENDING AND CLARIFYING THE REGULATIONS REGARDING ROOF DECKS, BY MODIFYING THE PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT, AND BY AMENDING AND CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR THE FORMAL DETERMINATIONS OF ARCHITECTURAL SIGNIFICANCE OF AN ELIGIBLE SINGLE-FAMILY HOME THAT IS PROPOSED TO BE SUBSTANTIALLY RETAINED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. Commission Memorandum Ordinance Amendment-Amend Single Family Regulations for Clarifications November 19, 2014 Page 2 of 4 BACKGROUND On February 12, 2014, the City Commission adopted comprehensive revisions to the single family development regulations, incorporating numerous revisions including limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and limitations on the percentage of a home's second floor volume. On July 23, 2014, at the request of Commissioner Joy Malakoff, the City Commission referred an Ordinance amendment pertaining to additional refinements to the recently adopted single family home Ordinance to the Planning Board and the Land Use and Development Committee (Item C41-1). The following is a list of the amendments requested for consideration as part of this referral: 1. Clarification of the definitions of 'interior side yard open space' and 'internal courtyard'. 2. Modify the 70% second floor rule as it pertains to interior height volume. 3. Add a requirement for DRB review of new homes created by a lot split. 4. Amend the regulations regarding roof decks to only allow on homes with direct access to the open bay and on single story homes. 5. Extend the year of required DRB review for the demolition of Architecturally Significant Homes from pre-1942 to pre-1966. The Land Use and Development Committee discussed the proposed Ordinance on August 20, 2014, and recommended that items 1-3 above move forward to the Planning Board and that the previous referral to the Planning Board be withdrawn for items 4 and 5 above. On September 10, 2014, the City Commission withdrew the previous referral pertaining to items 4 and 5 above (Item C4D). ANALYSIS Internal Courtyard, Terrace and Balcony Calculations When the current Ordinance was adopted in February of this year, internal courtyards created by enclosed walls on three (3) or more sides were required to be counted in the overall lot coverage of the proposed home. While having a positive impact on the perceived volume of larger homes, this provision created a minor conflict with the interior side open space requirements of the regulations. In order to address this issue, it was determined that interior side yard open space located along a side elevation with a depth of 50% or more of the developable width of the property, as measured from the required side setback line, or with an area greater than ten percent of the lot area, shall be considered an internal courtyard and the entire area shall be included in the lot coverage calculation, with the exception of the area required to comply with Section 142-106 (2)d. of the City Code, which is excluded from the lot coverage calculations. While the administration of the regulations, as noted above, is balanced and achieves the goals envisioned by the interior open space requirements, the specific standards governing each section do need to be clarified within the development regulations. After reviewing a number of different development applications, staff believes that a combined limit of 30% of the developable width of a site, not to exceed 5% of the total lot area, would be more reasonable in terms of an outside limit for interior open space not being counted in the overall lot coverage. If a property owner wanted a larger internal open space area, the portion of the area that exceeds 5% of the lot area, would be counted towards the maximum lot coverage percentage. Commission Memorandum Ordinance Amendment—Amend Single Family Regulations for Clarifications November 19, 2014 Page 3 of 4 Staff has included as an attachment to this report, a graphic representation of the current interior side open space requirements compared to the proposed revisions. Second Floor Volumetric Requirements As it pertains to the 70% second floor volume limit for those homes exceeding 25% lot coverage, staff has evaluated the issue further. In many instances, the 70% threshold is exceeded because single story garage structures, which are exempt from unit size and lot coverage requirements, cannot be used towards the first floor volume when calculating the 2nd floor volume ratio. In this regard, those homes with minimal 2-story volumetric space are penalized. The proposed Ordinance includes a small change to address this particular issue. Lot splits The proposed Ordinance amendment would require that new homes resulting from approved 'Lot Split' applications be required to obtain approval from the DRB or HPB. This amendment would give adjacent properties an opportunity to express their views regarding new infill homes. Architecturally Significant Homes Modifications clarifying the procedures for noticing and Emergency Demolition Orders have been proposed. PLANNING BOARD REVIEW On September 23, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed Ordinance to the City Commission with a favorable recommendation. The Planning Board also recommended that the proposed ordinance not apply to applications that either filed for Land Use Board Approval, or obtained a Building Permit Process Number, on or before September 23, 2014. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. SUMMARY On October 22, 2014, the subject Ordinance was approved at First Reading. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. 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