2002-24894 Reso
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RESOLUTION NO.
2002-24894
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," DIVISION 2. "RS-
1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICT;"
SECTION 142-105 "DEVELOPMENT REGULATIONS AND
REQUIREMENTS," BY INCLUDING LOT COVERAGE AND
STRUCTURE SIZE REQUIREMENTS; SECTION 142-106
"SETBACK REQUIREMENTS FOR SINGLE-FAMILY DETACHED
DWELLING" BY MODIFYING SETBACK REQUIREMENTS;
DIVISION 4. "SUPPLEMENTARY YARD REGULATIONS;"
SECTION 142-1132 "ALLOWABLE ENCROACHMENTS," BY
MODIFYING THE REGULATIONS FOR ACCESSORY
BUILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5.
"HEIGHT REGULATIONS," SECTION 142-1161 "HEIGHT
REGULATIONS EXCEPTIONS," BY CLARIFYING EXCEPTIONS
IN SINGLE-FAMILY DISTRICTS.
WHEREAS, recent new construction has resulted in out-of-scale
development in comparison to 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 streetscapes and the pedestrian 'and
human scale of the City's single-family neighborhoods, are important qualities to
protect; and
WHEREAS, the City Commission believes that regulations should be
created that address the bulk, size and height of new construction; and
WHEREAS, these regulations will 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; that a public
hearing to consider the amendment to the Code of the City of Miami Beach, as
described above, is hereby scheduled on July 10,2002 at 2:30 p.m. in the City
Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida,
and the City Clerk is hereby authorized and directed to publish and distribute the
10'2
appropriate public notice of the public hearing at which time all interested parties
will be heard.
PASSED and ADOPTED this L'90lih day of
,2002.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
M~
City Attorney
G-II-rJ2-
Date
F:\PLAN\$PLB\CCMEMOS\2002\1521 single family reso.doc
20(2
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
Set public hearing to consider a proposed ordinance amending the single-family development regulations.
Issue:
Should the single-family development regulations be amended in order to address the out-of-scale
development in comparison to the built character of the single-family neighborhoods in the City of Miami
Beach?
Item SummarY/Recommendation:
The intent of these proposed regulations is to preserve the city's identity as a place where pedestrian and
human scale of the single-family neighborhoods are not affected by massive construction; a place where
the image and environmental quality are preserved; and where the public health, safety and welfare are
safeguarded.
The Administration recommends that the City Commission set the first reading public hearing for July 16,
2002.
Advlsorv Board Recommendation:
At the May 28, 2002 meeting, the Planning Board voted 6-0 (1 absent) to recommend to the
City Commission approval of the proposed ordinance.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
T:\AGENDA\2002\JUN1902\CONSENT\1521 sf set public hearing sum.doc
AGENDA ITEM ('-J iT
DATE (..,. {q ...{JJ-.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~
City Manager :.2::5../ L.--
Date: June 19, 2002
To:
Subject:
Set Public Hearing - Proposed amendme s to the development regulations for
single-family homes.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, DIVISION 2. "RS-1, RS-2, RS.3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICT;" SECTION 142-105 DEVELOPMENT REGULATIONS AND
REQUIREMENTS," BY INCLUDING LOT COVERAGE AND STRUCTURE SIZE
REQUIREMENTS; SECTION 142-106 "SETBACK REQUIREMENTS FOR
SINGLE.FAMIL Y DETACHED DWELLING" BY MODIFYING SETBACK
REQUIREMENTS; DIVISION 4. "SUPPLEMENTARY YARD REGULATIONS;"
SECTION 142-1132 "ALLOWABLE ENCROACHMENTS," BY MODIFYING THE
REGULATIONS FOR ACCESSORY BUILDINGS IN SINGLE-FAMIL Y DISTRICTS;
DIVISION 5. "HEIGHT REGULATIONS," SECTION 142-1161 "HEIGHT
REGULATIONS EXCEPTIONS," BY CLARIFYING EXCEPTIONS IN SINGLE-
FAMILY DISTRICTS.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the first reading public
hearing for a special hearing on July 16, 2002.
OVERVIEW
The intent of these proposed regulations is to preserve the city's identity as a place where
pedestrian and human scale of the single-family neighborhoods are not affected by
massive construction; a place where the image and environmental quality are preserved;
and where the public health, safety and welfare are safeguarded.
At the March 26. 2002 Planning Board meeting, the Board directed staff to hold several
community meetings in addition to the one that had already been held in February. These
community meetings were scheduled at strategic locations throughout the city in order to
be able to reach the homeowners within their neighborhoods and explain the proposed
changes. These meetings were advertised in the Miami Beach Neighbor's Section of the
Miami Herald, the homeowner's associations were notified by mail and an announcement
was also carried by TV20, the city's cable channel.
Commission Memorandum
June 19, 2002
Set Public Hearing - Single family development regulations
Page 2
Proposed Amendments
Based on the feedback obtained from the community, staff made changes to the proposed
ordinance, which reflect the sentiments of the people that attended those meetings.
1. Section 142-105 "Development Regulations and Area Requirements"
Currently, as there are no regulations that restrict maximum building coverage
(building footprint); the revised ordinance addresses the building coverage or
footprint, including a definition for the term so that the meaning is clear. In addition,
the ordinance proposes to retain the number of stories and height currently
permitted in the Code and clarifies the height regulation exceptions for single-family
districts, adding trellises, pergolas, etc. The idea behind retaining the existing
regulations regarding the number stories is that the height will be the limiting factor
on how to distribute the interior volume of the structure.
Further, new language is added requiring a larger percentage of landscaped areas
and the submission of a landscape plan when submitting for a building permit and
includes regulations for the minimum elevation of any required yard in relationship
to Grade, as defined in Section 114 of the Code.
A new section is added in the development regulations dealing with structures that
may be rendered non-conforming when these regulations are adopted.
2. Section 142-106. Setback Requirements.
The existing setback requirements were not changed, but adjusted so that any new
construction is more centered on the property to allow for more light and air
between properties.
3. Section 142-1132 "Allowable Encroachments"
The proposed amendments to this section address the accessory buildings or
structures in single-family districts, including the permitted uses for the accessory
structures and the height restriction for these structures. It also addresses the
maximum height of central air conditioners and other mechanical equipment
occupying a required yard; and the height offences in relationship to the grade, as
defined within these proposed regulations.
4. Section 142-1161 "Height Regulations Exceptions"
This proposed amendment includes language that directs the reader to the single-
family development regulations for the height regulation exceptions. The height
exceptions included in the proposed ordinance refer to elements such as chimneys
and air vents, loggias, decorative structures, etc., which may exceed the height of a
house, to a maximum as prescribed in these regulations.
Commission Memorandum
June 19, 2002
Set Public Hearing - Single family development ragulations
Page 3
Planning Board Action
The Planning Board held a public hearing on May 28, 2002 and voted 6-0 (1 absent) to
recommend to the City Commission approval of the proposed amendment.
CONCLUSION
Based on the foregoing, the Administration recommends that the City Commission set a
first reading public hearing for July 16, 2002.
The proposed amendment requires two advertised public hearings of the proposed
ordinance with at least one of the notice published at least seven days before the hearing
date, and the second notice published at least five days prior to the public hearing.
Although not required by the Code, the second public hearing should be held after 5:00
p.m. ",.. \J4I\
JMG/C~ML
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