C4E-Ref- Planning Board - Modify Grade Of Required Yards In Single Family DistriMIAMIBEACH
C:iy of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
MISSION MEMORANDUM
DATE: February 11,2015
SUBJECT: REFERRAL TO THE PLANNING RD-
PROPOSED AMENDMENTS
MODIFYING THE ADJUSTED
FAMILY DISTRIGTS
CHAPTER 142 OF THE CIry CODE
GRADE OF REQUIRED YARDS !N SINGLE
ADMINISTRATION RECOMM ENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
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 (ltem 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 Committee recommended that the proposed Ordinance be
transmitted to the Planning Board for consideration.
ANALYSIS
Currently, within single family districts, the maximum elevation of a required yard is limited to no
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. ln this
instance the maximum elevation of a required yard could not exceed 6' NGVD.
The limitation on the elevation of a required yard helps to ensure that a new house is not
constructed on a 'pedestal' that is much 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.
Agenda nem C ?E
Date g-//-/S
TO:
FROM:
Mayor Philip Levine and
Jimmy L. Morales, City Manager
of the City
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Commission Memorandum
Referral to Planning Board - SF Elevated Yards
February 11, 2015 Page 2 of 4
A single family home constructed today will have a life expectancy of over 50 years, and in every
case the elevation of the yards is tied closely to and designed as an integral component of
accessory structures including pools and decks. Additionally, as new homes are required to be
constructed substantially higher than grade, due to increasing minimum flood elevation
requirements, the transition to accessory pools, decks, and cabanas becomes complicated. lf for
example all of these structures are designed based upon a lower seawall height and in a few years
the City requires a retrofit of existing seawalls that are now designed to accommodate a future
higher elevation, this would also require raising all of such accessory structures to at or above the
future seawall height. Allowing the higher yards now will reasonably 'future-proof these areas to
accommodate higher seawall heights in the coming years. Because the proposed amendments
also have transition area requirements for yard elevations adjacent to existing properties with a
lower elevation, such higher elevations will not be as overwhelming to neighboring properties as
they otherwise could be.
The proposed amendments also envision a changing, more elevated City over time, with
contextually appropriate requirements based also upon the average grade 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. ln 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 would also allow abutting property owners, through the submission of
concurrent Building Permits, to agree on a higher elevation than would otherwise be allowed (up to
the minimum required flood elevation). ln 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.
Previously, concerns have been expressed with 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. ln 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.
SUMMARY
Below is a summary of the proposed changes within the attached Ordinance:
r Definitions have been added for adjusted grade and average grade:
o Grade, adusted means the midpoint elevation between grade and the minimum required
flood elevation for a lot or lots.
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Commission Memorandum
Refenal to Planning Board - SF Elevated Yards
February 11,2015 Page 3 of 4
o Grade, average means the average grade elevation calculated by averaging spot
elevations of the topography taken at 10 foot intervals along the property lines.
Varying maximum elevations, based upon the elevation of the abutting properties, are
proposed as follows:
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. lnterior Srde 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 interior side yards of the abutting properties may
be elevated to the same higher elevation through the submission of concurrent
building permits, not to exceed the minimum required flood elevation. ln 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 Sfreef. 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 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 of the abutting properties may be
elevated to the same higher elevation through the submission of concurrent building
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Commission Memorandum
Referral to Planning Board - SF Elevated Yards
February 11,2015 Page 4 o'f 4
permits, not to exceed the minimum required flood elevation. ln 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. ln 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.
ln no instance shall the maximum elevation of a required yard exceed the minimum flood
elevation.
. Thirty inches above grade was 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 current regulations allowing pool water to count toward the minimum 7Oo/o of a required
rear yard being sodded or landscaped pervious open space are proposed to be modified.
UPDATE
On January 21,2015, the Land Use and Development Committee recommended that the proposed
Ordinance be referred to the Planning Board. ln addition to the foregoing, the draft Ordinance
attached also includes the following modifications recommended by the Land Use Committee:
1. The location of 'abutting' side and rear yards has been clarified;
2. The pervious are requirements and water portions of swimming pools have been updated to
expressly contain on-site water retention requirements.
3. The minimum on-site water retention requirements for elevated yards have been further
clarified.
CONCLUSION
ln accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
Ordinance Amendment to the Planning Board.
T:\AGENDA\201S\February\Referral to PB - SFR Max Grade - MEM.docx
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SINGLE FAMILY DEVELOPMENT REGULATIONS - ADJUSTED GRADE
ORDINANCE NO.
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.l,
RS-2, RS.3, RS4 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-l, "Definitions", is hereby amended as follows:
Grade. adusfed means the midpoint elevation between qrade and the minimum
required flood elevation for a lot or lots.
Grade. averaqe exisf,no means the averaoe orade elevation calculated bv
averaqinq spot elevations of the existino topooraphv taken at 10 foot intervals
alono the propertv lines.
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SEGTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows:
(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. ndjus+ed€red+ ln ne instanee shall the elevatien ef any required yard be higher
The maximum elevation of a required vard
shall be in accordance with the followinq. however in no instance shall the
elevation of a required vard, exceed the minimum flood elevation:
1. Fronf Yard. The maximum elevation within a required front vard shall not
exceed adiusted orade. or 30 inches above orade. whichever is qreater.
2. /nfenbr Srde Yards (located between the front setback line and rear propertv
line). The maximum elevation for each required side vard shall be calculated
accordinq to the followinq:
a. When the averaoe qrade of adiacent lot is lower than adiusted qrade, the
maximum elevation shall not exceed adiusted orade, or 30 inches above
orade. whichever is oreater.
b. When the averaoe orade of adiacent lot alono the abuttinq side vard is
equal or qreater than adiusted qrade. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted qrade.
c. When abuttino a vacant propertv. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted orade.
d. Notwithstandino the above. when abuttino propertv owners have iointlv
aoreed to a hioher elevation. both interior side vards of the abuttino
properties mav be elevated to the same hiqher elevation throuoh the
submission of concurrent buildino permits. not to exceed the minimum
required flood elevation. ln this instance the maximum heioht of anv
fences or walls alono the adioininq propertv lines. constructed in
accordance with Seclion 142-1132 (h\. Allowable encroachments within
requ,red vards. shall be measured from the new averaqe qrade of the
required side vards.
3. Srde Yard Facrno a Sfreef. The maximum elevation within a required side vard
facino a street shall not exceed adiusted orade or 30 inches above orade,
whichever is qreater.
4. Rear Yard. The maximum elevation for a required rear vard. (not includinq
portions located within a required sidevard or sidevard facinq the street). shall
be calculated accordino to the followino:
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a. Waterfront. The maximum elevation shall not exceed the minimum reouired
flood elevation.
b. Non-waferfronf. The maximum elevation shall be calculated accordino to
the followinq.
i. When the averaqe qrade of adiacent lot alonq the abuttinq rear vard is
adiusted qrade, or 30 inches above qrade. whichever is oreater.
ii. When the averase qrade of adiacent lot alons the abuttino rear vard is
equal or oreater than adiusted orade, the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted orade.
iii. When abuttino a vacant propertv. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted orade.
iv. Notwithstandino the above. when abuttino propertv owners have iointlv
aqreed to a hiqher elevation. both rear vards of the abuttino properties
mav be elevated to the same hioher elevation throuqh the submission of
concurrent buildino permits, not to exceed the minimum required flood
elevation. ln this instance the maximum heiqht of anv fences or walls
alono the adioinino propertv lines. constructed in accordance with Section
142-1132 (h\. Allowable encroachments within required vards. shall be
measured from the new averaqe orade of the required rear vards.
5. ln all instances where the existino elevation of a site is modified, a site shall be
desioned with adequate infrastructure to retain all storm water on site in
accordance with all criteria and methodoloov in the Citv of Miami Beach Public
Works Manual.
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; the water portion of a swimming pool may count toward this requirement,
provided adequate infrastructure is incorporated into the desiqn of the pool to fullv
accommodate on-site storm water retention. in accordance with all criteria and methodoloov in
the Citv of Miami Beach Public Works Manual.
SECTION 4. GODIFICATION.
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.
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SEGTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: April 15, 2015
Second Reading: May 6, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rit<e+nreugh = deleted language
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