2015-3944 Ordinance SINGLE FAMILY DEVELOPMENT REGULATIONS —ADJUSTED GRADE
ORDINANCE NO. 2015-3944
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,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114-1,
"DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4
SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD, AND
BY AMENDING AND CLARIFYING WHEN THE WATER PORTION OF A
POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City; and
WHEREAS, the City has previously implemented increased height requirements for sea
walls in order to more fully protect the City from flooding; and
WHEREAS, it is appropriate to amend the maximum elevation requirements within
required yards of single family districts to eliminate or mitigate any conflict with corresponding
legislation enacted to address sea level rise and flood mitigation; and
WHEREAS, the regulation of grade elevations 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, 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 114-1, "Definitions", is hereby amended as follows:
Grade, adjusted means the midpoint elevation between grade and the minimum
required flood elevation for a lot or lots.
Grade, average existing means the average grade elevation calculated by
averaging spot elevations of the existing topography taken at 10 foot intervals
along the property lines.
* * *
SECTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows:
1
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(8) Exterior building and lot standards. The following shall apply to all buildings and
properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
a. Exterior bars on entryways, doors and windows shall be prohibited on front and
side elevations, which face a street or right-of-way.
b. - -_ _ - -- -- - - - -: "e - --
than one-half the difference between grade, as defined in section 114 1, and the
The maximum elevation of a required yard
shall be in accordance with the following, however in no instance shall the
elevation of a required yard, exceed the minimum flood elevation:
1. Front Yard. The maximum elevation within a required front yard shall not
exceed adjusted grade, or 30 inches above grade, whichever is greater.
2. Interior Side Yards (located between the front setback line and rear property
line). The maximum elevation shall not exceed adjusted grade, or 30 inches
above grade, whichever is greater, except:
a. When the average grade of adjacent lot along the abutting side yard is
equal or greater than adjusted grade, the maximum elevation within the
required side yard shall not exceed 30 inches above adjusted grade.
c. When abutting a vacant property, the maximum elevation within the
required side yard shall not exceed 30 inches above adjusted grade.
b. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both side yards may be elevated to the
same higher elevation through the submission of concurrent building
permits, not to exceed the minimum required flood elevation. In this
instance the maximum height of any fences or walls along the adjoining
property lines, constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required yards, shall be measured from
the new average grade of the required side yards.
3. Side Yard Facing a Street. The maximum elevation within a required side yard
facing a street shall not exceed adjusted grade or 30 inches above grade,
whichever is greater.
4. Rear Yard. The maximum elevation for a required rear yard, (not including
portions located within a required sideyard or sideyard facing the street), shall
be calculated according to the following:
a. Waterfront. The maximum elevation shall not exceed the minimum required
flood elevation.
b. Non-waterfront. The maximum elevation shall not exceed adjusted grade, or
30 inches above grade, whichever is greater, except:
2
i. When the average grade of adjacent lot along the abutting rear yard is
equal or greater than adjusted grade, the maximum elevation within the
required rear yard shall not exceed 30 inches above adjusted grade.
ii. When abutting a vacant property, the maximum elevation within the
required rear yard shall not exceed 30 inches above adjusted grade.
iii. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both rear yards may be elevated to the
same higher elevation through the submission of concurrent building
permits, not to exceed the minimum required flood elevation. In this
instance the maximum height of any fences or walls along the adjoininq
property lines, constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required yards, shall be measured from
the new average grade of the required rear yards.
5. In all instances where the existing elevation of a site is modified, a site shall be
designed with adequate infrastructure to retain all stormwater on site in
accordance with all applicable state and local regulations.
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:
* * *
(3) Rear:The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum,
50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped
pervious open space; when located at or below adjusted grade, the water portion of a swimming
pool may count toward this requirement, when located above adjusted grade, the water portion
of a swimming pool may count towards 50% of this requirement, provided adequate
infrastructure is incorporated into the design of the pool to fully accommodate on-site storm
water retention.
* * *
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
3
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /0 day of. June, , 2015.
//'
I
Philip LevinefMa,,% `'
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Ra, el E. Gra ':do, Ci t rk
• '""�: i APPROVED AS TO FORM
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' * : ORATED'.INCORP OR AND FOR EXECUTION
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's:'-c..-. k ...: - le i ..1LO .*lie' c s (
ttr 's �4r. City Attorney Frc Date
First Reading: May 6, 2015
Second Reading: June 10, 2015 /
Verified By: -01
Thomas R. Mooney, AIC
Planning Director
Underline = new language
Stc-ikethreugh= deleted language
[Sponsored by Commissioner Malakoff]
[Co-sponsored by Commissioner Grieco]
T:\AGENDA\2015\May\SFR Max Grade-First Reading ORD.docx
4
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance to amend and clarify the maximum elevation within a
required yard, and by amending and clarifying when the water portion of a pool is counted towards the
open space for Single-Family Residential Districts.
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 Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would amend and clarify the maximum elevation requirements within a
required yard, as well as the water portion of a pool that is counted towards the open space for Single-
Family Residential Districts. The proposed changes would set varying maximum elevations based
upon the elevation of the abutting properties. It also requires that when located above adjusted grade,
the water portion of a swimming pool may count towards 50% of the landscaped pervious open space
requirement, provided that adequate infrastructure is incorporated into the design of the pool to fully
accommodate on-site storm water retention.
On January 21, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
On May 6, 2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and scheduled a Second Reading Public Hearing for June 10, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On February 24, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2242).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI 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
9 P ( Y ) p p 9 ,
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:
Department Direc r Assistant City Manager C\ City Manager
OA- - ( 1/6"79 OVIYA
T:\AGENDA\2015\June\SFR Max Grade-Second Reading SUM.docx
AGENDA ITEM. R5
MIAMI BEACH
DATE A b
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of e City Corn 'ssion
FROM: Jimmy L. Morales, City Manager 4110
DATE: June 10, 2015 SECOND READING
SUBJECT: Single Family Development Regulat ons —Adjusted Grade
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,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114-1,
"DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4
SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD,
AND BY AMENDING AND CLARIFYING WHEN THE WATER PORTION OF
A POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On September 17, 2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to the
maximum elevation of required yards in reference to increased seawall height requirements
(Item C4B). On November 5, 2014, the Land Use Committee discussed proposed amendments
and continued the discussion to the December 10, 2014 meeting. On December 10, 2014 the
Land Use Committee discussed the proposed amendments and, due to a separate discussion
regarding the possible modification of recently adopted regulations regarding seawall heights,
continued the discussion to a date certain of January 21, 2015.
On January 21, 2015 the Land Use and Development Committee recommended approval of the
Ordinance. On February 11, 2015 the City Commission referred the item to the Planning Board.
ANALYSIS
Currently, within single-family districts, the maximum elevation of a required yard is limited to no
Commission Memorandum
Single Family Development Regulations—Adjusted Grade
June 10, 2015 Page 2 of 2
higher than `adjusted grade', which is the midpoint between the minimum required flood
elevation and `grade'. Grade is the sidewalk elevation at the center of the property. For
example, if grade is 4' NGVD, and the minimum flood elevation is 8' NGVD, then adjusted grade
is 6' NGVD. In this instance, the maximum elevation of a required yard could not exceed 6'
NGVD.
The existing limitation on the elevation of a required yard helps to ensure that a new house is
not constructed on a `pedestal' that is substantially higher than the grade of an adjacent
property. The proposed amendments will address these concerns by allowing portions of
required rear yards for waterfront properties to be elevated to the minimum required flood
elevation, while retaining limitations on the maximum elevation of required side and front yards,
where transitions to neighboring property elevations is critical. The following is a summary of the
proposed changes.
Definitions have been added for adjusted grade and average grade:
Grade, adjusted means the midpoint elevation between grade and the minimum required
flood elevation for a lot or lots.
Grade, average means the average grade elevation calculated by averaging spot
elevations of the topography taken at 10-foot intervals along the property lines.
Currently the maximum elevation of a required yard is limited to adjusted grade. The proposed
changes set varying maximum elevations based upon the elevation of the abutting properties.
The maximum elevation of a required yard would be in accordance with the following, but in no
instance shall the elevation of a required yard, exceed the minimum flood elevation:
1. Front Yard. The maximum elevation within a required front yard shall not exceed adjusted
grade, or 30 inches above grade, whichever is greater.
2. Interior Side Yards (between the front setback line and rear property line). The maximum
elevation for each required side yard shall be calculated according to the following:
a. When the average grade of adjacent lot is lower than adjusted grade, the maximum
elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is
greater.
b. When the average grade of adjacent lot along the abutting side yard is equal or greater
than adjusted grade, the maximum elevation within the required side yard shall not
exceed 30 inches above adjusted grade.
c. When abutting a vacant property, the maximum elevation within the required side yard
shall not exceed 30 inches above adjusted grade.
d. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both side yards may be elevated to the same higher elevation through
the submission of concurrent building permits, not to exceed the minimum required flood
elevation. In this instance the maximum height of any fences or walls.along the adjoining
property lines, constructed in accordance with Section 142-1132 (h), Allowable
encroachments within required yards, shall be measured from the new average grade of
the required side yards.
3. Side Yard Facing a Street. The maximum elevation within a required side yard facing a
street shall not exceed adjusted grade or 30 inches above grade, whichever is greater.
Commission Memorandum
Single Family Development Regulations—Adjusted Grade
June 10, 2015 Page 3 of 3
4. Rear Yard. The maximum elevation for a required rear yard, (not including portions located
within a required side yard or side yard facing the street), shall be calculated according to
the following:
a. Waterfront. The maximum elevation shall not exceed the minimum required flood
elevation.
b. Non-waterfront. The maximum elevation shall be calculated according to the following:
i. When the average grade of adjacent lot along the abutting rear yard is lower than
adjusted grade, the maximum elevation shall not exceed adjusted grade, or 30
inches above grade, whichever is greater.
ii. When the average grade of adjacent lot along the abutting rear yard is equal or
greater than adjusted grade, the maximum elevation within the required rear yard
shall not exceed 30 inches above adjusted grade.
iii. When abutting a vacant property, the maximum elevation within the required rear
yard shall not exceed 30 inches above adjusted grade.
iv. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both rear yards may be elevated to the same higher elevation
through the submission of concurrent building permits, not to exceed the minimum
required flood elevation. In this instance the maximum height of any fences or walls
along the adjoining property lines, constructed in accordance with Section 142-1132
(h), Allowable encroachments within required yards, shall be measured from the
new average grade of the required rear yards.
5. In all instances where the existing elevation of a site is modified, a site shall be designed
with adequate infrastructure to retain all storm water on site in accordance with all applicable
state and local regulations.
Thirty inches above grade was also included, as a grade change of 30 inches or less would not
require a guardrail or railing. Limiting the higher elevations to the portion of the rear yard that is
internal to the site (not including the areas within the required side setbacks), allows for a more
appropriate transition area to existing neighboring properties, which are often only slightly
elevated above the sidewalk elevation.
The proposed amendments also envision a changing, more elevated City over time, with
contextually appropriate requirements based upon the average grad a elevation of abutting
properties. For example, under the proposed Ordinance, a proposed new home constructed
next to a more recent home (which constructed the required yards up to the adjusted grade
elevation, as now permitted), would be allowed to build up the required side yards and rear
yard to 30 inches above adjusted grade.
The alternative, of allowing the entire rear or side yards to be raised to the flood elevation,
would result in overbearing retaining walls when viewed from existing properties with older
homes. For example, there are portions of the City where the sidewalk elevation is located at 3'
NGVD and the minimum flood elevation is located at 10' NGVD. In this instance, just raising the
yard to flood elevation would result in a 7-foot tall retaining wall along the property line, with a
minimum 42-inch safety fence or wall on top of that, or approximately 10.5 feet high as viewed
from an abutting property with older home where the site was not yet elevated.
The proposed amendments also allow abutting property owners, through the submission of
concurrent Building Permits, to agree on a higher elevation than would otherwise be allowed (up
Commission Memorandum
Single Family Development Regulations—Adjusted Grade
June 10, 2015 Page 4 of 4
to the minimum required flood elevation). In this instance the height of any walls or fence along
the jointly elevated grade would be measured from the new grade elevation, as such height is
relative to the adjacent grade and would not negatively impact either neighbor.
Lastly, current regulations (Section 142-106) require that 70% of a required rear yard be sodded
or landscaped pervious open space, and the water portion of a swimming pool may count
towards this requirement. Based upon a typical example of a waterfront lot (60'x175'), the area
of required rear yard is 1575 SF, and a pool and pool deck could be constructed within the rear
yard up to 1181 SF, or occupying 75% of the required yard. Although the actual pervious
landscaped area, the area within the required side yard setbacks, is only 394 SF, or 25% of the
required yard, such pool would comply with the current regulations.
Concerns have been expressed with such a disproportionate amount of non-pool hardscape
being located in a rear yard, especially when located at an increased elevation. Also, concerns
have been raised with respect to the impact that larger pools and decks are having on the ability
to adequately retain water on site.
In order to address this, the proposed amendment requires that when located above adjusted
grade, the water portion of a swimming pool may count towards 50% of the landscaped
pervious open space requirement, provided that adequate infrastructure is incorporated into the
design of the pool to fully accommodate on-site storm water retention.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
FISCAL IMPACT
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 May 6, 2015, the City approved the Ordinance at First Reading and set a Second Reading
Public Hearing for June 10, 2015.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM/SW
T:WGENDA\2015\June\SFR Max Grade-Second Reading MEM.docx
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