2015-3959 Ordinance SINGLE FAMILY HOME DEVELOPMENT REGULATIONS FOR LOT
SPLITS
ORDINANCE NO. 2015-3959
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 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 MAXIMUM UNIT SIZE
AND LOT COVERAGE FOR ALL HOMES ON LOTS RESULTING FROM A
LOT SPLIT; 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 for the City to amend the regulations for homes on lots
resulting from a lot split in order to ensure compatibility with existing neighborhood
character; 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 June 23, 2015 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. 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.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
* * *
(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 applicable. The
following shall apply to all newly created lots, when the new lots created do not
follow the lines of the original platted lots and/or the lots being divided contain an
architecturally significant, pre-1942 home, that is proposed to be demolished:
a. The maximum lot coverage for a new one-story home shall not exceed 40%
of the lot area, and the maximum lot coverage for a new two-story home
shall not exceed 25% of the lot area, or such lesser number, as determined
by the Planning Board.
b. The maximum unit size shall not exceed 40% of the lot area for both one
story and two story structures, or such lesser number, as determined by the
Planning Board.
SECTION 2. 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 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
•
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 2 day of Sepf-e ibec , 201.
'
Philip Levine, :'yore; ,r .
ATTEST:
4."' .
� ��111
Ra ael E. Granado, C'y C erk — ,� ...* '.. .S,
ai_ ,...••
y ..mcJ R, � :• (0 0 APPROVED AS TO
4� �=• \� :�0)� FORM AND LANGUAGE
-� ../. & FOR EXECUTION
a H 4 Gov' D :1-
City Attorney i , Date
First Reading: July 8, 2015 e'
Second Reading: September 2, 201
P
Verified by: 4;
'
Thomas R. Money,
Planning Director
Underscore denotes new language
denotes deleted language
[Sponsored by Commissioner Malakoff]
T:WGENDA\2015\September\PLANNING\SF Lot Split Amendments-Second Reading ORD.docx
3
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the maximum unit size and lot coverage for certain homes on lots resulting
from a lot split.
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 place a limit on the maximum lot coverage for any one (1) story home
at 40% of the lot area and for new two story homes resulting from a lot split application at 25%, as well
as cap the unit size for any new home at 40% of the lot area or such lesser number, as determined by
the Planning Board, in the following instances: 1) when the new lots created do not follow the lines of
the original platted lots; or 2) when the lot being divided contains an architecturally significant, pre-
1942 home, that is proposed to be demolished.
On April 8, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8, 2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2263).
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
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:
Departm nt Dire for Assistant City Manager City Manager
T:\AGENDA\2015\Septembe PLANNING\SF Lot Split Amendments-Second Reading SU .docx
lAmisEAch AGENDA ITEM R SC
DATE _ 9
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 f the City Commission
FROM: Jimmy L. Morales, City Manager ���►
DATE: September 2, 2015 ECON READING — PUBLIC HEARING
SUBJECT: Single Family Home Developmen Regulations for Lot Splits
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 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 MAXIMUM UNIT SIZE AND LOT COVERAGE FOR ALL
HOMES ON LOTS RESULTING FROM A LOT SPLIT; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 11, 2015, at the request of Commissioner Joy Malakoff, the City
Commission referred an Ordinance Amendment to the Land Use and Development
Committee (Item C4G), pertaining to additional restrictions and an increase in fees for
single family lot split applications.
On April 8, 2015, the Land Use Committee recommended that the attached Ordinance
Amendment be referred to the Planning Board. On May 6, 015, the City Commission, at
the request of Commissioner Malakoff, referred the proposed ordinance to the Planning
Board (Item C4A).
ANALYSIS
Any application for a division of land/lot split requires the review and approval of the
Planning Board, in accordance with the procedures and review criteria outlined in the
City Code [Section 118-321(B)]:
Review Criteria. In reviewing an application for the division of lot and lot split, the
Planning Board shall apply the following criteria:
1. Whether the lots that would be created are divided in such a manner that they are in
compliance with the regulations of these land development regulations.
Commission Memorandum
Ordinance Amendment—Single Family Home Development Regulations for Lot Splits
September 2, 2015 Page 2 of 2
2. Whether the building site that would be created would be equal to or larger than the
majority of the existing building sites, or the most common existing lot size, and of
the same character as the surrounding area.
3. Whether the scale of any proposed new construction is compatible with the as-built
character of the surrounding area, or creates adverse impacts on the surrounding
area; and if so, how the adverse impacts will be mitigated. To determine whether
this criterion is satisfied, the applicant shall submit massing and scale studies
reflecting structures and uses that would be permitted under the land development
regulations as a result of the proposed lot split, even if the applicant presently has no
specific plans for construction.
4. Whether the building site that would be created would result in existing structures
becoming nonconforming as they relate to setbacks and other applicable regulations
of these land development regulations, and how the resulting nonconformities will be
mitigated.
5. Whether the building site that would be created would be free of encroachments from
abutting buildable sites.
6. Whether the proposed lot split adversely affects architecturally significant or historic
homes, and if so, how the adverse effects will be mitigated. The Board shall have
the authority to require the full or partial retention of structures constructed prior to
1942 and determined by the Planning Director or designee to be architecturally
significant under section 142-108 (2)
As further expressly outlined in Section 118-321(C), the Planning Board also has the
authority to restrict the size of new homes resulting from a lot split application:
Final decision. In granting a division of land/lot split, the planning board may
prescribe appropriate conditions and safeguards, including but not limited to a
condition restricting the size of new structures to be built on the resulting lots, based
upon the application's satisfaction of and consistency with the criteria in subsection B
above, and the board's authority under section 118-51.
Last year the Code was amended to also require that new homes resulting from
approved `Lot Split' applications be required to obtain approval from either the Historic
Preservation Board (HPB) or Design Review Board (DRB), as applicable.
As part of the review of each application for a lot split, staff prepares an analysis of
similar lots within the immediate neighborhood. For example, if the lot split application is
for a waterfront lot, only existing waterfront lots are included as part of the analysis.
Typically 15-20 properties are reviewed, including the average, median, and mode of the
lot sizes, as well as the existing unit sizes for each of the comparison properties.
The source of the data is the Miami Dade County Property Appraiser's Office, which
adjusts the size of structures by increasing or adjusting the stated square footage for
outdoor covered areas such as loggias, covered patios, etc. and for non-air-conditioned
garages. As per the City's definitions, in most cases these items are excluded from unit
size calculations. In the Data Analysis performed by staff, a "20% allowance" is used to
take into consideration a reasonable accommodation for future renovations and
Commission Memorandum
Ordinance Amendment—Single Family Home Development Regulations for Lot Splits
September 2, 2015 Page 3 of 3
additions for existing homes, with the exception of homes which are already near or at
the maximum square footage allowed as per City Code. Planning staff normally then
recommends that the size of a new home not exceed 25% of the average of the existing
homes in the immediate area.
In order to help ensure that new construction is compatible with existing neighborhood
character, especially when an existing pre-1942 architecturally significant home is
demolished, the proposed Ordinance would place a limit on the maximum lot coverage
for any one (1) story home at 40% of the lot area and for new two story homes resulting
from a lot split application at 25%, as well as cap the unit size for any new home at 40%
of the lot area or such lesser number, as determined by the Planning Board, in the
following instances:
1. When the new lots created do not follow the lines of the original platted
lots; or
2. When the lot being divided contains an architecturally significant, pre-1942
home, that is proposed to be demolished.
Currently, the maximum lot coverage that can be permitted is 50% for one story homes
and 30% for two-story structures and the maximum unit size is 50%.
For comparison purposes, staff has included a massing study (attached) comparing the
current maximum requirements for unit size and lot coverage with the potential reduced
requirements. The top graphic shows front and rear views of the same home with a lot
coverage of 30% and a unit size of 50% of the lot area. The darker shaded portions of
the home denote areas that would have to be removed to bring the lot coverage down to
25% and massing down to 40%. The bottom graphic shows the home with the additional
massing removed to comply with the proposed requirements.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 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 July 8, 2015, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/TRM/RAM
T:\AGENDA\2015\September\PLANNING\SF Lot Split Amendments-Second Reading MEM.docx
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