R5J-Applicability Clause To Ord 2014-3835 Single Family Dev Regs -Commission-COMMISSION ITEM SUMMARY
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the Applicability Section of the recently
revisions to the Sinqle Family Home t Requlations.
Item ommendation:
FIRST READING
The proposed Ordinance would extend the applicability of the effective date of the Ordinance, to allow
single family home projects submitted prior to February 12, 2014 to continue under the previous
Ordinance, under limited circumstances.
On February 12, 2014, the City Commission adopted 2015-385, pertaining to development regulations
for single family homes.
On April 23,2014, the City Commission referred the proposed Ordinance, amending the'applicability'
section, to the Planning Board.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for September 10,2014.
On June 24, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Glerk's Office
Thomas Mooney
T:\AGENDAV014\July\Single Family Applicability - SUM First Reading.docx
AGENDA ITEM
DATE
Bs5'7-Ln4vE MIAMIBEACH 653
g MIAMIBEACH
€iiy of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: SINGLE FAMILY APPLICABILITY -TREVISED
AN ORDINANCE OF THE MAYOR AND GIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE C!ry GODE, FLORIDA, BY AMENDING
ORDINANCE 2014.3835, WHICH REVISED THE DEVELOPMENT
REGULATIONS FOR SINGLE FAMILY HOMES !N THE RS.l, RS.2, RS.3
AND RS4 ZONING DISTRICTS, WHICH AMENDED SECTIONS 142.105
AND 142.106 OF THE CITY CODE, BY AMENDING THE ORDINANCE'S
APPLICABILIry SECTION 3, "EXCEPTIONS," TO PROVIDE FOR
ADDITIONAL EXCEPTIONS FOR PERSONS WHO HAD APPLIED FOR
LAND USE BOARD APPROVAL OR PERMITS PRIOR TO ADOPTION OF
THE ORDINANCE, PROVIDING FOR REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATTON
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for September 10, 2014.
BACKGROUND
On September 24, 2013, the Planning Board transmitted an Ordinance to the City
Commission with a favorable recommendation that substantially modified the single
family development regulations to address the issue of 'oversized' homes. Additionally,
the Planning Board recommended the following applicability schedule, which was
included in the draft Ordinance:
This ordinance shall not apply to:1. Anyone who filed an application for development approval with the
Planning Department or for permit with the Building Department on or
before July 17, 2013; or2. Anyone who purchased property within the three months prior to July 17,
2013; or3. Anyone who entered into a contract to purchase property with a deposit in
escrow prior to July 17, 2013; or4. Anyone who establishes equitable estoppe/ as sfafed in Florida case law
as proven by affidavit and documentation, evidencing the expenditure of
funds prior to July 17, 2013 for development of the propefty, to the
FTRST READING
654
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Page 2 of 6
satisfaction of the City Attorney; or5. Anyone who establishes equitable estoppel as provided in City Code
Secfion 118-168, by obtaining a building permit or Design Review Board
approval prior to zoning in progress or City Commission adoption of this
Ordinance.
On January 15, 2014, the City Commission approved the subject Ordinance at First
Reading and scheduled a Second Reading Public Hearing for February 12, 2014.
Additionally, the Commission referred the item to the Land Use and Development
Committee for further discussion, prior to Second Reading.
On January 22, 2014, the Land Use and Development Committee recommended
additional modifications to the Ordinance, including revising the applicability dates and
exemptions. On February 12, 2014, the City Commission adopted the Ordinance at
Second Reading (Ordinance No. 2014-3835), in accordance with the recommendations
of the Land Use Committee and with the following revised applicability schedule:
This ordinance shall not apply to:
1. Anyone who filed an application for Land Use Board Approval with the Planning
Depaftment on or before September 24, 2013; or
2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before September 24, 2013; or
3. Anyone who estab/ishes equitable estoppel as provided in City Code Section
1 18-168, by obtaining a building permit or Design Review Board approval prior to
zoning in progress or City Commission adoption of this Ordinance.
On April 23, 2014 the City Commission referred the proposed amendment to the
applicability section of the Ordinance to the Planning Board.
ANALYSIS
The subject Ordinance amendment proposes to modify the applicability schedule for
Ordinance No. 2014-3835 as follows:
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24, 2013; or2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before September 24, 2013; or3. Anyone who establishes equitable estoppel as provided in City Code Section
118-168, by obtaining a building permit or Design Review Board approval prior to zoning
in progress or City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before
Februarv 12,2014. provided the proposed new home is consistent with all of the
requirements set forth in the Ordinance recommended bv the Planninq Board on
September 24. 2013:or5. Anvone who filed an application for permit with the Buildinq Department and
received a Buildinq Permit Process Number on or before Februarv 12. 2014. provided:
a. The proposed new home is consistent with all of the requirements set fotth in
the Ordinance recommended bv the Planninq Board on September 24. 2013: and
b. The followinq drawinqs, which are sianed and sealed bv a Reoistered
Architect. are included as part of the application to the Buildinq Depaftment:i. Site Plan:
ii. Floor Plans
655
Commission Memorandum
Ordinance - Revlsed SF Applicability
July 23, 2014 Page 3 of 6
iii Exterior Elevations
iv. All required Electrical, Plumbinq. Mechanical and Structural Drawinqs.
Applicability provisions recognize that persons who had relied on the existing regulations
prior to the adoption of the subject Ordinance, which reliance is indicated by their
preparing and filing applications for land use board approval or building permits prior to
its adoption, should be provided some relief based on such filings. The proposed
amendment to the applicability section of the Ordinance also recognizes that during the
timeframe between the transmission of the Planning Board version of the Ordinance on
September 24, 2013 and the final adoption of the Ordinance on February 12, 2014,
plans were prepared and applications were made for building permits and land use
board approval, based upon the Ordinance version reviewed and recommended by the
Planning Board.
The following is a summary of the changes made to the Ordinance between the version
recommend by the Planning Board (September 24,2013) and the version adopted by
the City Commission (February 12,2014):
1. Section 142-105(b)(1) of the Planning Board version proposed to set a maximum
unit size of 40o/o for lots zoned RS-1/RS-2 and a maximum unit size of 50% for
smaller properties zoned RS-3/RS-4; the DRB could allow up to 50% for RS-1
and RS-2 properties. The City Commission removed the 40% distinction for
RS-I/RS-2 lots, and allowed for an across the board maximum 50% unit
size for all sites, regardless of zoning classification.
2. Section 142-105(b)(3) of the Planning Board version proposed maximum lot
aggregation of no more than 3 contiguous lots, in the event that the 3'd lot is used
only for accessory structures and amenities. The City Commission clarified
this section to permit a new home to be located in the middle of a site
consisting of 3 lots, provided the sum of the side yard setbacks of the main
structure are equivalent to the width of the smallest of the 3 aggregated
!ots. Additionally, the overall unit size and lot coverage of the main home is
based upon the combined size of the largest 2 !ots.
3. Section 142-105(b)(4)c of the Planning Board version proposed that the 'physical
volume' of the second floor of a new home not exceed 70o/o of the first floor; this
threshold can be waived by the DRB. The City Gommission clarified that the
70o/o 2"d floor volume rule only applies in those instances where the overall
lot coverage for a proposed home is 25% or greater, and that the 70%
limitation was calculated based upon the size of first floor of the main
home, exclusive of any enclosed required parking area. Additionally, this
70% requirement tor 2"d story volume can stitt be waived at the discretion
of the DRB/HPB.
4. Section 142-105(b)(6) of the Planning Board version introduced minimum ten
(10') foot setback requirements for roof decks from the side and front walls of a
home. The City Commission required that a ten (10') foot setback also be
required from the rear wal! of non-waterfront lots, unless waived by the
DRB/HPB. The DRB/HPB would only have the authority to waive the rear
setback on non-waterfront lots.
5. Section 142-105(b)(1) of the Planning Board version set a maximum height limit
of 28 feet (31 feet for sloped roofs) for lots zoned RS-1/RS-2 and a maximum
height limit of 24 feet (27 feet for sloped roofs) for properties zoned RS-3/RS-4.
656
Commission Memorandum
Ordinance - Revised SF Applicability
July 23,2014 Page 4 of 6
The Gity Commission retained the maximum height limit of 24 teet (27 teet
for sloped roofs) for properties zoned RS-4, but now allows the DRB/HPB
to waive these height limits for RS-3 zoned properties, and allow up to 28
feet (31 feet for sloped roofs).
6. Section 142-105 (bX4) of the Planning Board version did
exemptions from unit size. The Gity Gommission amended
change the
exemptions
for unit size by limiting terraces, breezeways, and open porches to a
maximum projection of ten feet from the building, beyond which such
larger areas would count towards a home's unit size. Exterior unenclosed
private balconies were limited to a projection of no more than six feet, and
any such projections beyond six feet would count towards a home's unit
size.
7. Section 142-105 (bxs) of the Planning Board version counted towards lot
coverage internal courtyards which are substantially enclosed on four sides. The
City Gommission amended this to count internal courtyards, which are
enclosed on three or more sides, in the lot coverage calculations.
As indicated in the proposed revisions to the applicability section of the Ordinance, those
eligible will be required to comply with all of the requirements set forth in the Ordinance
recommended by the Planning Board on September 24, 2013. Although the final version
adopted by the City Commission was both more restrictive in some areas and less
restrictive in other areas compared to the Planning Board version, an applicant opting to
take advantage of the revised applicability provisions would have to comply with all of
the code provisions of the Planning Board version of the Ordinance, and would not be
able to avail themselves of any of the less restrictive amendments that were adopted in
the final Ordinance.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2187).
FISCAL !MPACT
ln 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. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The Administration recognizes that the Ordinance adopted on February 12,2014 went
through a very lengthy and sometimes arduous public hearing process. While not
everyone was completely happy with the modifications approved, overall the subject
Ordinance did strike a careful balance between the legitimate development rights of a
single family home owner and the need to preserve and enhance the character and
fabric of single family districts, which makes Miami Beach a special place.
Below is an updated list of four (4) homes that could potentially take advantage of the
proposed extended applicability clause:
not
the
657
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Page 5 of 6
Proposed homes that applied for Desiqn Review Board (DRB) approval prior to Februarv
12.2014o 2142 North Bay Road - DRB File No. 23020 I 81404580. The project was
approved on Decembet 3,2013, and the application was originally filed on Oct 9,
2013. The lot size is 20,260 SF and the application exceeds the maximum
permitted Unit Size by approximately 2o/o (52% proposed).
. 6480 Allison Road - DRB File No. 23034. The project is currently pending and
scheduled for the October 7,2014 meeting; the application was originally filed on
February 5, 2014 (plans dated 10-2-2013). The lot is 23,700 SF and the
application exceeds the maximum permitted Lot Coverage by approximately 5%
(35% proposed).
Proposed homes that were issued a Buildinq Permit Process Number prior to Februarv
12, 2014 (Land Use Board Approvalwas not required):. 1161 Stillwater Drive - 81401177. The application for Building Permit was filed
on December 6,2013 and is currently pending. The initial permit application did
not provide a survey, nor lot coverage and unit size diagrams. lt appears, though,
that some of the balcony projections may count toward the overall unit size of the
house.
o 412 West Dilido Drive - B1401989. The application for Building Permit was
filed on January 30,2014 and is currently pending. The lot is 16,470 SF and
the application exceeds the maximum permitted Unit Size by approximately 1o/o
(51% proposed).
Note: The plans for the above noted Building Permit applications have been picked up
by the owners, in order to address the initial round of comments provided by all
disciplines. Upon the re-submission of revised plans, Planning Staff will need to verify
whether the applications still exceed the maximum unit size and / or lot coverage
requirements.
Under the proposed extension of the applicability section, the permit plans for all 4 of
these properties would have to be consistent with the version of the Ordinance
recommended by the Planning Board on September 24,2013. ln order to ensure that
these applications do not increase the degree of non-conformity subsequent to approval
from a Land Use Board or the issuance of the Building Permit Process Number, minor
additional text is being recommended to address this potential issue, should the City
Commission move fonruard with the proposal.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for September 10, 2014.
It is further recommended that the following modifications (in bold) be incorporated into
the Ordinance for Second Reading:
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Depaftment on or before September 24, 2013; or2. Anyone who obtained a Building Permit Process Number from the Building
658
Commission Memorandum
Ordinance - Revised SF Applicability
July 23, 2014 Paqe 6 of 6
Department on or before September 24, 2013; or3. Anyone who estab/ishes equitable estoppel as provided in City Code Section
1 18-168, by obtaining a building permit or Design Review Board approval prior to zoning
in progress or City Commission adoption of this Ordinance; or4. Anvone who filed an apolication for Land Use Board Approval on or before
Februarv 12,2014, provided the oroposed new home is consistent with all of the
requirements set forth in the Ordinance recommended bv the Planninq Board on
September 24. 2013 and provided the deqree of non-conformitv does not increase
subsequent to Land Use Board approval:or5. Anvone who filed an application for permit with the Buildinq Department and
received a Buildinq Permit Process Number on or before Februarv 12, 2014, provided:
a. The proposed new home is consistent with all of the requirements set fotth in
the Ordinance recommended bv the Planninq Board on September 24. 2013: and
b. The deqree of non-conformitv does not increase subsequent to the
issuance of the Buildino Permit Process Number: and
c. The foilowinq dr
Architect, are included as paft of the application to the Buildinq Department:i. Site Plan:
ii. Floor Plans
iii Exterior Elevations
iv. All reouired Electrical. Plumbino, Mechanical and Structural Drawinqs.
JLM/JMJ/TRM
T:\AGENDA\20 t4Uuly\Single Family Applicability - MEM First Reading.docx
659
APPLICABILITY CLAUSE TO ORDINANCE 2014.3835
SINGLE FAMILY DEVELOPMENT REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, FLORIDA, BY AMENDING ORDINANGE
2014.3835, WHICH REVISED THE DEVELOPMENT REGULATIONS FOR
SINGLE FAMILY HOMES IN THE RS.1, RS.2, RS.3 AND RS4 ZONING
DISTRICTS, WHIGH AMENDED SECTIONS 142.105 AND 142.106 OF THE
GITY GODE, BY AMENDING THE ORDINANGE'S APPLICABILITY SEGTION
3, "EXCEPTIONS," TO PROVIDE FOR ADDTTTONAL EXCEPTTONS FOR
PERSONS WHO HAD APPLIED FOR LAND USE BOARD APPROVAL OR
PERMITS PRIOR TO ADOPTION OF THE ORDINANCE, PROVIDING FOR
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
was necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, new homes and additions that are compatible with the prevailing character
of existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the City Commission recognizes that persons who had relied on the existing
regulations prior to the adoption of Ordinance 2014-3835, which reliance is indicated by their
preparing and filing applications for land use board approval or building permits prior to the
adoption of Ordinance 2014-3835, should be provided some relief based on such filings; and
WHEREAS, this amendment accomplishes the above objective.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 3, "Exceptions," of Ordinance 2014-3835, adopted February 12,
2014, is hereby amended to read as follows:
SECTION 3. EXCEPTIONS.
This ordinance shall not apply to:1. Anyone who filed an application for Land Use Board Approval with the Planning
Department on or before September 24,2013; or2. Anyone who obtained a Building Permit Process Number from the Building Department
on or before September 24,2013; or3. Anyone who establishes equitable estoppel as provided in City Code Section 118-168,
by obtaining a building permit or Design Review Board approval prior to zoning in progress or
City Commission adoption of this Ordinance; or4. Anvone who filed an application for Land Use Board Approval on or before Februarv 12.
2014, provided the proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Planninq Board on September 24. 2013:or5. Anvone who filed an application for permit with the Buildino Department and received a
Buildino Permit Process Number on or before Februarv 12. 2014. provided:
660
a. The proposed new home is consistent with all of the requirements set forth in the
Ordinance recommended bv the Planninq Board on September 24, 2013: and
b. The followinq drawinos, which are siqned and sealed bv a Reqistered Architect, are
included as part of the application to the Buildino Department:i. Site Plan:
ii. Floor Plans
iii Exterior Elevations
iv. All required Electrical. Plumbinq, Mechanical and Structural Drawinos.
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. CODIFIGATION.
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.
SEGTION 4. SEVERABILITY.
lf 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 day of
ATTEST:
2014.
MAYOR
CITY GLERK
First Reading:
Second
CP
Planning Director
Underscore denotes new language
T:\AGENDAVO 1 4Uuly\Single Family Applicability - ORD First Reading.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
,?-t^&, ;1-8-(P
fr City Attorney Date
July 23,2Q14
661
THIS PAGE INTENTIONALLY LEFT BLANK
662