R5J-Single Family Development Regulations - Adjusted Grade -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
First 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
for Sinqle-Family Residential Districts.
Item Summary/Recommendation:
Clerk's Office lative Tracki
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
FIRST READING
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. lt 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.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Public Hearing for June 10, 201 5.
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 I nformation :
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 longterm 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
budoet.
Thomas Mooney
T;\AGENDA\201S\May\SFR Max Grade - First Reading SUM.docx
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MIAMIBEACH
City of ,vliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
COMMISSION MEMORANDUMMEMO #
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 FIRST READING
SUBJECT: Single Family Development Regulafions - Adjusted Grade
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
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 OFA POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM EN DATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for June 10,2015.
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, 2014the
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.
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Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6,2015 Page 2 o'f 4
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 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. 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 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. 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
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Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6,2015 Page 3 of 4
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 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. 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.
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 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.
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Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6, 2015 Page 4 of 4
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
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.
Lastly, current regulations (Section 142-1OG) 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.
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.
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.
FISGAL IMPACT
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 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.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the recommendation of
the Land Use and Development Committee via separate motion; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for June 10,2015.
,^ffil**/ruAB/RAM/sw
T:\AGENDA\201S\May\SFR Max Grade - First Reading MEM.docx
543
SINGLE FAMILY DEVELOPMENT REGULATIONS - ADJUSTED GRADE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE GODE OF THE CITY OF MIAM! BEACH, FLORIDA,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTTON 114-1,..DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DlsTRlcTS AND REGULATIONS," DIVISION 2, ,,RS-l, RS-2, RS-3, RS4
SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY AMEND!NG 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 !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. That Section 114-l, "Definitions", is hereby amended as follows:
Grade. adiusfed means the midpoint elevation between qrade and the minimum
required flood elevation for a lot or lots.
Grade. averaqe exisfrnq means the averaoe qrade elevation calculated bv
averaqino spot elevations of the existino topoqraphv taken at 10 foot intervals
alonq the propertv lines.
SECTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows.
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(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. ANdju€+eC€+ad+ h+ ne instanee shall the elevatien ef any required yard be higher
tnan ene naf tne aifer
The maximum elevation of a required vard
shall be in accordance with the followino, 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 grade, whichever is qreater.
2. /nferior Srde Yards (located between the front setback line and rear propertv
line). The maximum elevation shall not exceed adiusted orade, or 30 inches
above qrade. whichever is qreater. except:
a. When the averaqe qrade of adiacent lot alonq the abuttino side vard is
equal or qreater than adiusted qrade, the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted grade.
c. When abuttino a vacant propertv. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted qrade.
b. Notwithstandinq the above, when abuttinq propertv owners have iointlv
aqreed to a hioher elevation. both side vards mav be elevated to the
same hiqher elevation throuqh the submission of concurrent buildinq
permits, not to exceed the minimum required flood elevation. ln this
instance the maximum heiqht of anv fences or walls alonq the adioininq
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 side vards.
3. Srde Yard Facrno a Sfreef. The maximum elevation within a required side vard
facino a street shall not exceed adiusted srade or 30 inches above orade,
whichever is qreater.
4. Rear Yard. The maximum elevation for a required rear vard, (not includino
portions located within a required sidevard or sidevard facino the street). shall
be calculated accordinq to the followino:
a. Waterfront. The maximum elevation shall not exceed the minimum required
flood elevation.
b. Non-waferfronf. The maximum elevation shall not exceed adiusted qrade. or
30 inches above qrade, whichever is greater, except:
545
i. When the averaoe orade of adiacent lot alono the abuttinq rear vard is
equal or qreater than adiusted qrade. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted grade.
ii. When abuttinq a vacant propertv. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted qrade.
iii. Notwithstandino the above, when abuttino propertv owners have iointlv
aqreed to a hioher elevation. both rear vards mav be elevated to the
same hiqher 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 alonq the adioining
propertv lines. constructed in accordance with Section 142-1132 (h),
Allowable encroachments within reouired vards. shall be measured from
the new averaqe orade of the required rear vards.
5. ln all instances where the existinq elevation of a site is modified. a site shall be
desiqned with adequate infrastructure to retain all stormwater on site in
accordance with all applicable state and local reoulations.
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 adiusted qrade. the water portion of a swimming
pool may count toward this requirement, when located above adiusted orade, the water portion
of a swimminq pool mav count towards 50% of this requirement, provided adequate
infrastructure is incorporated into the desiqn of the pool to fullv accommodate on-site storm
water retention.
SECTION 4. COD!FICATION.
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.
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SECTION 6. SEVERABILITY.
lf 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 day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: May 6,2015
Second Reading: June 10, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+Xe+reugn = deleted language
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