R9H-Ref- PB - Amend Ch 142 - Single Family Home Dev Regulations -Malakoff-MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
CO SSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD PROPOSED ORDINANGE
AMENDING CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONSOF THE CITY CODE PERTAINING TO SINGLE FAMILY HOME
DEVELOPMENT REGULATIONS
ADMINISTRATION RECOMMEN DATION
Refer the proposed ordinance amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On July 8,2015, at the request of Commissioner Joy Malakoff, the City Commission referred this
item to the Land Use and Development Committee (ltem C4C). On July 29,2015 the Land Use
and Development Committee discussed this item and continued the matter to the September 9,
2015 meeting with the following recommendations:
1) The Planning Department shall provide case studies of recently approved homes to
measure the impact of the new regulations; and
2) The Planning Department shall conduct small, focus group meetings with various
stakeholders regarding the proposed Ordinance.
Between August 26th and 27th the Planning Department held four focus group meetings, including
two meetings for homeowners, one for architects, and one for developers, realtors, and attorneys
(See attached summary). Additionally, Planning staff prepared a photographic presentation
illustrating homes recently constructed under the Ordinance adopted in February 2014 (See
attached 'Exhibit A').
Planning staff also provided two case studies of homes that have previously been reviewed and
approved by the Design Review Board, which show how the design would be reviewed and
impacted in terms of lot coverage and unit size based upon the proposed code changes (See
attached 'Exhibit B'). Lastly, staff provided a basic graphic indicating the relative proportion that a
5% reduction in lot coverage represents for two example parcels. (See attached Exhibit C').
ANALYSIS
ln 2006 the first major comprehensive revisions to the single family home development regulations
were adopted by the City Commission in order to establish limitations on lot coverage, unit size,
Agenda ltem
Date883
Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 201 5 Page 2 of 6
building height and setback requirements. The purpose of these regulations was to help ensure
that new construction was compatible with the established character of the single family
neighborhoods in Miami Beach.
On February 12,2014, the City Commission adopted the next comprehensive revision to the single
family development regulations, incorporating numerous modifications including limitations on lot
coverage, unit size, roof decks, lengths of two story side elevations, and limitations on the
percentage of a home's second floor volume.
Each of these, as well as subsequent minor amendments to the single family development
regulations, has resulted in reductions in the overall size of homes, but has also created a lengthy
and complicated review process for single family homes. The primary goal for many of the
additional regulations was to limit the overall massing of home construction to help ensure
compatibility with the surrounding single family neighborhoods. ln order to further this policy
objective, and taking into consideration the evolving requirements for higher floor and grade
elevations, an ordinance has been drafted to provide additional mitigation measures for new single
family homes.
ln addition to proposed reductions in lot coverage, unit size and setbacks, as well as an increase in
front yard pervious area requirements, the proposed ordinance seeks to simplify the regulations to
give architects more design latitude, as well as expedite permit review. The following is a summary
of the current requirements and proposed modifications. The proposed changes are intended to
ensure that new home construction is compatible with the character of existing single family
neighborhoods, while greatly simplifying the regulatory requirements and allowing for a faster
review time by City staff.
Lot Coverage (Two Story Home)
The maximum lot coverage is proposed to be reduced across all single family districts from 30% to
25o/o. Additionally the regulations addressing exceptions have been substantially simplified.
Basically all areas of the building footprint, including any covered projections, will count toward lot
coverage, with the exception of roof overhangs and eyebrows three feet in depth or less. This
modification will help ensure that pervious landscaped open areas are maintained, which will
enhance drainage and on-site water retention. Extensive balconies and terraces add to the
perceived mass of a home, and are still allowed, but limited based on their inclusion in the lot
coverage calculations.
current code:
: ffii[lTrlSj',. carcurated from the exterior face of exterior wails and
the exterior face of exterior columns on the ground floor of all principal
and accessory buildings, or portions thereof.
lnternal courtyards, which are open to the sky, but which are substantially
enclosed by the structure on three or more sides are included in the lot
coverage calculation
Outdoor covered areas, such as, but not limited to, loggias, covered patios,
pergolas, etc., that are open on at least two sides, and not covered by an
enclosed floor above are not be included in the lot coverage calculation
Proposed ordinance:
Maximum 25%
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Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 2015 paqe 3 of 6
Any portion of the property open to the sky is not included in the lot coverage
with the exception of courtyards that are enclosed on 4 sides, which are
counted in the lot coverage.
Outdoor covered areas are included in the lot coverage calculations, with the
exception of roof overhangs and eyebrows that do not project more than 3
feet from an exterior wall.
Lot Goverage (One Story Home)
ln order to encourage single story home construction, which will be more in character with lower
scaled older housing stock, lot coverage for a single story home is maintained at 50%. However
the maximum heigtit is proposed to -be reducedto help ensure compatibility with surrounding
neighborhoods. As new homes must be constructed above the minimum flood elevation, even a
new one story home often has the appearance of being the same height as an older two story
home.
Current Code:o Maximum = 50%. ln order to be considered a one story structure the maximum height shall not exceed 18
feet for a flat roofed structure and 21feet for a sloped roof structureo For five percent of the lot coverage, the height may be increased up to 24 feet for a single
flat roof structure or 27 feet for a single sloped roof structure (measured to the mid-point of
the slope). The length of any wall associated with this higher height shall not exceed 25
feet.
Proposed Ordinance:o Maximum = 50%. Roof heights lowered to 15 feet for a flat roofed structure and 18 feet for a sloped roof
structure.. Elimination of the allowance for a portion of the house to be constructed as a 2-story home
which allows retaining the higher lot coverage allowance for a single story home.
Unit Size
The proposed ordinance would reduce the maximum unit size in all single family districts to 41o/o.
With the inclusion, as proposed, of balconies and terraces in the reduced lot coverage calculation
of 25o/o, including portions in the unit size will no longer be necessary. Further, with the lot
coverage reduced to 25o/o, the 70o/o limitation of the second floor to first floor volume is also no
longer needed. The proposed reduction in unit size to 45% is also closer to the city-wide average
unit size of approximately 31%o, as well as the average unit size for new home construction over
the last year.
Current Code:o Maximum = 50%o The portion of covered terraces, breezeways, and open porches exceeding a projection of
10 feet from an exterior wall are included in the unit size.o The portion of covered unenclosed balconies exceeding a projection of six feet from an
exterior wall are included in the unit size.. For two story homes with an overall lot coverage of 25 percent or greater, the physical
volume of the second floor shall not exceed 70 percent of the first floor of the main home
inclusive of any enclosed parking structure.
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Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14, 2015 Page 4 of 6
Proposed Ordinance:. Maximum = 45o/o. Covered terraces, breezeways, and open porches are not included in the unit size,
regardless of depth (however they are now included in lot coverage as noted above).o Balconies are not included in unit size regardless of depth (however they are now included
in lot coverage as noted above).o With the reduction in maximum lot coverage the requirement that the second floor shall not
exceed 70o/o of the first floor has been removed.
Roof Decks
The proposal clarifies that swimming pools, spas, whirlpools, hot tubs and other water features are
included in the maximum 25o/o toof deck area in order to ensure that a combined pool and deck
area does not result in a nuisance to surrounding neighbors.
Two story Side Elevation Open Space Requirement
To balance the reduction in overall lot coverage and unit size, and inclusion of balconies and
terraces in the lot coverage calculations, the two story side elevation open space requirement has
been simplified. The overall intent and required square footage remains the same.
Setbacks Front:
ln order to mitigate the height of two story homes, which, in some instances may be elevated
seven feet or more from the street level to reach the required flood elevation, the mandatory front
setback has been increased 10 feet and the minimum pervious area has been increased from 35%
to 50%. A single story home could still be constructed with a front setback of 20 feet, but a two -
story home would require a setback of 30 feet, regardless of the width of the 2nd floor and with no
ability for the DRB to waive the requirement. The additional setback and pervious area requirement
will also allow more depth to transition between a lower street or sidewalk elevation and the
minimum flood elevation.
Current Code:. The second floor of two story structures shall be setback a minimum of 10 additional feet
from the required front setback line, however up to 50% of the developable width of the lot
may encroach fonrard to the 20 foot setback line through staff review. The HPB or DRB
may approve a waiver to this requirement.. At least 35 percent of the required front yard area and side yard facing a street shall be
sodded or landscaped pervious open space.
Proposed Ordinance:. Only one-story structures may be located at the minimum front yard setback line.. The entire portion of a two-story structure shall be setback an additional 10 feet from the
required front yard setback. Waiver from the DRB or HPB has been removed.o At least 50 percent of the required front yard area and side yard facing a street shall be
sodded or landscaped pervious open space.
Setbacks Side:
Side setback requirements are proposed to be increased slightly for lots over 60 feet in width, but
less than 100 feet in width, in order to better mitigate the higher height from adjoining properties.
For example, under the current code, a house could be constructed on a 75-foot wide lot with
interiorside setbacks of 7.5feet and 11.25 feet. With the proposed change, the required setbacks
would be 10 feet on both sides. This change also helps to center homes on a lot by increasing the
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Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14,2015 Page 5 of 6
minimum setback to 10 feet for lots larger than 60 feet in width.
Current Code:o Sum of the side yards shall be at least 25o/o of the lot width.o For lots greater than 60 feet in width the minimum setback is 7.5 feet
Proposed Ordinance:. Sum of the side yard requirement shall remain the same.. For lots greaterthan 60 feet in width the minimum setback is 10 percent of the lot width or
10 feet whichever is greater.
Modifications to Section 142-108
The provisions for the demolition of single family homes outside of historic districts have been
slightly modified to reference the changes in the remainder of the Ordinance.
The proposal attempts to strike a balance between better mitigating the impacts of new single
family construction within the City's established context of smaller homes, and providing for the
flexibility to design and build new homes that accommodate the modern needs of home owners. ln
this regard, given the mandatory requirements for higher base flood and grade elevations, staff
believes that the proposal will allow for more breathing room along the most critical perimeters of
new homes.
The proposed ordinance will also simplify the existing development regulations. ln addition to
reducing the amount of time that staff and project architects spend on deciphering and interpreting
the rules, as well as expediting the review process, the proposed changes will give greater
architectural freedom and latitude to the designers of the new homes, as the proposed regulations
are far less prescriptive.
SUMMARY
At the request of the Land Use Committee, a notice of this referral discussion was sent to all single
family homeowners. Pursuant to the suggestions of the various focus groups, as well as the
discussion at the September 9, 2015 Land Use Committee meeting, the following was also
recommended for further discussion and potential inclusion within the proposed ordinance:
1. Allowing single story garage structures limited to 14 feet in height, as measured from
adjusted grade, to be constructed with a 20 foot front setback, and limited to 500 square
foot in size.
2. The front of the home should be designed to maintain a one-story volume and the greater
two story mass should be towards the rear of the site.
3. The maximum projection for overhangs, without having to count in lot coverage, could be
increased in rear and side street yards, from the proposed limit of three feet to sixfeet or
eight feet. This is a reasonable adjustment that would not result in a significant increase in
building mass.
4. Different unit size and lot coverage regulations for neighborhoods and districts, based upon
lot size, should be explored. Attached to this memo is a map of the single family districts in
the City, broken down into lot size increments. There is a clear distinction for RS-1 zoned
lots (virtually all over 20,000 sq ft) and RS-4 zoned lots (virtually all under 10,000 sq
ft). However, RS-2 & RS-3 zoned properties are not as consistent. For the most part RS-2
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Commission Memorandum
Referral to Planning Board - Single Family Home Ordinance
October 14,2015 Page 6 of 6
and RS-3 properties are between 10,000 sq ft and 20,000 sq ft, but there are quite a few in
excess of 20,000 sq ft. lf there was to be a distinction made for unit size/lot coverage
based upon lot size, 10,000 sq ft appears to be the dividing line.
5. The requirement for green roofs and other tangible measures to increase overall resiliency,
such as minimum LEED certification, could be required for any increase above the
proposed 25o/o maximum lot coverage and 45o/o unit size thresholds.
Finally, the Administration recognizes that a number of single family home projects have been, and
continue to be, in the development process, and may conflict with the proposed modifications to
the development regulations. As such, the incorporation of an 'applicability' provision is
recommended, so as not to penalize persons who have relied on the existing regulations prior to
the adoption of the subject Ordinance. This reliance is indicated by their preparing and filing
applications for land use board approval or building permits prior to Planning Board action. ln this
regard, the following exceptions clause is recommended if the subject ordinance is referred to the
Planning Board:
sEcTtoN _. ExcEPTtoNS.
This ordinance shall not apply to:
1. Anyone who filed an application for Historic Preservation Board or Design Review
Board Approval with the Planning Department on or before November 24,2015; or2. Anyone who obtained a Building Permit Process Number from the Building
Department on or before November 24,2015.
CONCLUSION
ln accordance with the September 9, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached ordinance amendment to the Planning Board.(.>
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888
Single Family Regulations - Lot Coverage, Unit Size, Height, Setbacks, and Courtyards
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
142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS.l, RS.2, RS.3,
RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," AT SECTIONS 1 42.1 05, 142.106,
AND 142-108, BY AMENDING AND CLARIFYING LOT COVERAGE, UNIT SIZE,
ROOF DECK, HEIGHT, SETBACK, AND GOURTYARD REQU!REMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILIW; 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, new homes and additions that are compatible with the prevailing character
of existing residential neighborhoods should be encouraged and promoted; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, the privacy, attractive pedestrian streetscapes and human scale and
character of the City's single-family neighborhoods, are important qualities to protect; and
WHEREAS, the City desires to have new single family construction utilize a Low lmpact
Development (LlD) approach in order to capture and retain on site, 95th percentile average
annual storm event rainfall; and
WHEREAS, the City desires to have new single family construction incorporate
LID/Green lnfrastructure into the overall landscape and site plan design for stromwater quality
as part of a comprehensive stormwater management system; 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 CIry GOMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1. That Section 142-105, "Development regulations and area requirements", is
hereby amended, as follows:
Sec. 142-105. - Development regulations and area requirements.
889
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
(1) Lot area, lot width, lot coverage, unit size, and building height requiremenfs. The lot
area, lot width, lot coverage, and building height requirements for the RS-1, RS-2,
RS-3, RS-4 single-family residential districts are as follows:
(2) Maximum number of stories. The maximum number of stories shall not exceed two
above the minimum flood elevation.
(3) [Limitation on contiguous lots.] No more than two contiguous lots may be
aggregated, with the exception of the following:
a. Lot aggregation for the purpose of expanded yards, or for the construction of
accessory pools, cabanas, tennis courts, and similar accessory structures,
Zoning
)istrict
Vlinimum
-ot Aree
.square
'eet)
Vlinimum Lo'
ffidth (feet)*
Maximum Lot
Soverage for a 2.
;tory Home (% ot
of area)**
Maximum
Jnit Size
',Yo of Lo1
\rea)
Maximum Building Height
ruhich shall not exceed twc
itories above the minimun
'lood elevation in all districts***
1 ,000 00 25%45o/o 28 feet - flat roofs
31 feet - sloped roofs.
RS-2 18,000 t5 )M25%->}Yo 45o/o
RS-3 10,000
t0
Jceanfront
ots.
i0 - All others
)M25%->$Yo 45o/o
)-4 feet - flat roofs.)-7 feet - sloped roofs.
May be increased up to 28 feel
br flat roofs and 31 feet for
;loped roofs when approved by
:he DRB or HPB, in accordance
with the applicable design'eview or appropriateness
:riteria.
RS-4 ,000 t0 y%ru ->OYt 45o/o 24 feet - flat roofs
27 feet- sloped roofs.
*Except thc
ots fronting
a cul-de-sac
:ircular strr
as defined
ot width
Single story)mes shalllow the
quirements o1rction 14?-
lg(sx4)b" 142.
890
(4)
when detached from the main home with a minimum separation of 15 feet,
which may be aggregated to no more than three contiguous lots; or
b. Lot aggregation for the construction of a new home located in the middle of a
site consisting of three lots, provided the sum of the side yard setbacks of the
main structure are equivalent to the width of the smallest of the three
aggregated lots, and the overall unit size and lot coverage of the main home
shall be based upon the combined size of the largest two lots.
U nit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless otherwise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
4, Single stery eevered terraees and perehes; whieh; with the exeeptien ef
ef a detaehed single stery aeeessery strueture leeated within a rear
yard, previded sueh terraee er pereh dees net exeeed twe pereent (27o)
ef the let area,
5. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
de net prejeet mere than six feet frem the building,
c. Fer twe stery hemes with an everall let eeverage ef 25 pereent er greater; the
pnysieat vetume o
fleer ef the main heme; inelusive ef any enelesed parking strueture, The DRB
er HPB may ferege this requirement; in aeeerdanee with the applieable design
Lot cov e rage (b u i I d i ng footpri nt).
a. General. For lots aggregated after September 24. 2013, when a third lot is
aggregated, as limited by subsection 142-105(b)(3), the calculation of lot
coverage shall be determined by the two lots on which the house is located.
b. One-story structures. One stery struetures may exeeed the maximum let
iew
ln no instance shall the building footprint of a one-story structure exceed 50
percent of the lot area. For purposes of this section, a one-story structure shall
not exceed 1€ 15 feet in height for flat roof structures and 4 18 feet for sloped
roof structures (measured to the mid-point of the slope) as measured from the
minimum flood elevation. Hewever fer five pereent ef the let eeverage; the
(5)
891
fer a single sleped reef strueture (measured te the mid peint ef the slepe), The
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof, includinq anv proiections
er mere sides' shall be ineluded in the let eeverage ealeulatien, F{€weyet
M,Suchas,butnotlimitedto,loggias,eVebrowS,covered
patios, per€le+as, etc., whether or not
covered by an enclosed floor above. Anv portion of the prooertv ooen to the
skv shall not be included in the lot coverage calculation, with the exception of
internal courtvards, surrounded on 4 sides bv enclosed areas. Roof
overhanos and evebrows shall not be included in the lot coveraqe calculation
provided the proiection from the buildinq does not exceed 3 feet. When
exceedino 3 feet in depth, the entire area of a roof overhanq or evebrow shall
be included in the lot coveraqe calculation.
For purposes of this section, a pergola shall be defined as a garden walk or
terrace formed by two rows of columns or posts with an open framework of
beams and cross rafters over which plants may be trained.
Garages. A maximum of 500 square feet of garage space shall not be counted
in lot coverage if the area is limited to garage, storage and other non-habitable
uses and the garage conforms to the following criteria:
1. The garage is one story in height and not covered by any portion of
enclosed floor area above. Enclosed floor area shall be as defined in
section 114-1.
2. The vehicular entrance(s) of the garage is not part of the principal
facade of the main house.
3. The garage is constructed with a vehicular entrance(s) perpendicular to
and not visible from the right-of-way, or the entrance(s) is set back a
minimum of five feet from the principal facade of the main house when
facing a right-of-way.
(6) Root decks. Roof decks shall not exceed six inches above the main roofline and
shall not exceed a combined deck area of 25 percent of the enclosed floor area
immediately one floor below, regardless of deck height. Swimmino pools. spas.
whirlpools. hot tubs and anv other water feature shall be included in calculatinq the
maximum roof deck areas. Roof decks shall be setback a minimum of ten feet from
each side of the exterior outer walls, when located along a front or side elevation,
and from the rear elevation for non-waterfront lots. The DRB or HPB may forego the
required rear deck setback, in accordance with the applicable design review or
appropriateness criteria.
d.
892
SECTION 2. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended, as follows:
142-106. - Setback requirements for a single-family detached dwelling.
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:
(1) Front yards:The minimum front yard setback requirement for these districts shall be
20 feet.
a. One-story structures may be located at the minimum front yard setback line.
b.@o-storystructuresshallbesetbackaminimumoften
additional feet from the required front yard setback line.
c. Up te 50 pereent ef the develepable width ef the seeend fleer may enereaeh
ferward te the 20 feet setbaek line threugh staff level review, Pertiens that
ien
ta
d. At least 35 50 percent of the required front yard area shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to the
front of the building.
(2) Side yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street. Each required side yard facing a street shall be no less
than ten percent of the lot width or 15 feet, whichever is greater. Also, at least
35 50 percent of the required side yard area facing a street shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five feet to the
front of the building.
c. lnterior sides. For lots oreater than 60 feet in width any one interior side yard
shall have a minimum of ten percent of the lot width el s6vsn-€n€l-€ne-hel+ ten
feet, whichever is greater. For lots 60 feet in width or less any one interior side
yard shall have a minimum of seven and one-halffeet,@
d. Twe stery side elevatiens leeated parallel te a side preperty line shall net
i
Varg; directly a
in
rn+
The square feetage ef the additienal epen spaee shall net be less than ene
ie+tt+
in tne rct eeverag
VarO epen spaee l in
the tetal let eeverage ealeulatien, The elevatien (height) ef the epen spaee
893
required side yard; and at least 75 pereent ef the required interier epen spaee
is
regulatien shall be te break up leng expanses ef uninterrupted twe stery
velume at er near the required side yard setbaek line and exeeptien frem the
minimum requirements ef this previsien may be granted enly threugh histerie
preservatien beard; er design review beard appreval, as may be applieable, in
acoerdanee with th Two-
storv interior and street side elevations exceedino 50 percent of the lot depth.
or 60 feet. whichever is less. shall incorporate additional open space. open to
the skv and in excess of the minimum required side vard. directlv adiacent to
the required side vard. This requirement shall applv to all portions of a buildinq
wall elevation reoardless of whether a habitable floor is connected. The square
footaoe of the additional open space shall not be less than one percent of the
lot area. The elevation (heiqht) of the open space provided shall not exceed
the maximum permitted elevation heioht of the required side vard. An
exception from the minimum requirements of this provision mav be oranted
onlv throuqh historic preservation board, or desion review board approval. as
mav be applicable. in accordance with the applicable desiqn review or
appropriateness criteria.
SECTION 3. That Section 142-108, "Provisions for the demolition of single-family homes
located outside of historic districts", is hereby amended, as follows:
Sec. 142-108. - Provisions for the demolition of single-family homes located outside of
historic districts.
New construction requirements for properties containing a single-family home
constructed prior to 1 942.
(1) ln addition to the development regulations and area requirements of section
142-105, as well as section 118-252, of the land development regulations of
the City Code, the following regulations shall apply in the event the owner
proposes to fully or substantially demolish an architecturally significant single-
family home constructed prior to 1942, inclusive of those portions of a structure
fronting a street or waterway. ln the event of a conflict between the provisions
of section 142-105 and section 118-252, and the regulations below, the
provisions herein shall control:
a. The design review board (DRB) shall review and approve all new
construction on the subject site, in accordance with the applicable
criteria and requirements of chapter 118, article Vl, section 118-
251(a)1-12 of the land development regulations of the City Code.
b. The DRB review of any new structure, in accordance with the
requirements of chapter 118, article Vl, shall include consideration of
the scale, massing, building orientation and siting of the existing
structure on the subject site, as well as the established building context
within the immediate area.
(g)
894
c.
d.
The overall lot coverage of proposed new buildings or structures shall
not exceed the maximum limits set forth in section 142-105.
Lot coverage requirements for a single story home. ln the event a new
home does not exceed one-story in height, the lot coverage shall not
exceed 35 percent of the lot area; at the discretion of the DRB, the lot
coverage may be increased to a maximum of 5g 45 percent of the lot
area, if the DRB concludes that the one-story structure proposed
results in a more contextually compatible new home. For purposes of
this section, a one-story structure shall not exceed {A 15 feet in height
as measured from minimum flood elevation. A restrictive covenant, in a
form acceptable to the city attorney, shall be required, ensuring, for the
life of the structure, that a second story is not added.
Lot coverage requirements for lot splits and lot aggregations. The
above regulations shall also be a limitation on development in all lots
within a single site that may be split into multiple lots or multiple lots
that are aggregated into a single site, at a future date. When lots are
aggregated, the greater of the footprint permitted by the lot coverage
regulations, or the footprint of the larger home, shall apply.
Regulations for additions to architecturally significant homes which are
substantially retained and preserved. ln addition to the development
regulations and area requirements of section 142-105, of the land
development regulations of the City Code, the following shall apply in the
event an architecturally significant single-family home constructed prior to
1942is substantially retained and preserved. ln the event of a conflict between
the provisions of section 142-105, 142-106 and section 118-252, and the
regulations below, the provisions herein shall control:
a.Review criteria. The proposed addition and modifications to the existing
structure may be reviewed at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined
by the planning director or designee. The design of any addition to the
existing structure shall take into consideration the scale, massing,
building orientation and siting of the original structure on the subject
site.
Lot coverage. The total lot coverage may be increased to, but shall not
exceed 40 percent, and may be approved at the administrative level,
provided that the review criteria in section 142-105 have been satisfied,
as determined by the planning director or designee. ln the event the lot
coverage of the existing structure exceeds 35 t40l percent, no variance
shall be required to retain and preserve the existing lot coverage and a
second level addition shall be permitted, provided it does not exceed
60 percent of the footprint of the existing structure; no lot coverage
variance shall be required for such addition.
Unit size. The total unit size may be increased to, but shall not exceed
60 percent, and may be approved at the administrative level, provided
that the review criteria in section 142-105 have been satisfied, as
determined by the planning director or designee.
Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot
width of 60 feet, or lots zoned RS-3, the height for ground level
additions not to exceed 50 percent of the lot coverage proposed, may
6
(2)
b.
c.
d.
895
be increased up to 26 feet for a flat roofed structure and 29 feet for a
sloped roof structure (as measured to the mid-point of the slope) above
the minimum required flood elevation, and may be approved at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
e. Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for
ground level additions not to exceed 50 percent of the lot coverage
proposed may be increased up to 30 feet for a flat roofed structure and
33 feet for a sloped roof structure (as measured to the mid-point of the
slope) above the minimum required flood elevation, and may be
approved at the administrative level, provided that the review criteria in
section 142-105 have been satisfied, as determined by the planning
director or designee.
f . Courtyards. The minimum eeu*Vare open space requirements
specified in subsection 142-106(2)d. may be waived at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
g. Front setback. Two-story structures or the second floor may encroach
forward to the 2O-foot front setback line, and may be approved at the
administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or
designee.
h, Seeend f/eer regsiremenfs, The maximum seeend fleer area ef 70
have been satisfied' as deterrnined by the planning direeter er
desrgneer
SECTION 4. CODIFICATION.
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
re-lettered 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.
SECTION 6. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
896
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
MAYOR
ATTEST:
CITY GLERK
2016.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ri*e+nreugh denotes removed language
T:\AGENDA\201S\October\PLANNING\Referral to PB SF Regs - ORD.docx
9
897
SINGLE FAMILY HOME FOCUS GROUP SUMMARY
Focus qroup meetinq with architects (Auq. 26):
. Lot Coverage: general consensus that 3'-0" of exterior space and overhang is too
small and limiting and will discourage the utilization of exterior space such as
terraces, balconies and courtyard. 3' is not conducive to Tropical Architecture and
will result in more "white box" architecture.
o Architects suggestion: the exterior areas are counted as a 113 or 25% instead of
100% towards lot coverage calculation. The incorporation of exterior spaces in the
design should have incentives and not be penalized since these are design features
that are common in Tropical architecture and should be encouraged. Additionally,
they are design elements that respond to our tropical environment and are features
that can add scale and reference to our historic architectural language.
o RS-4 and RS-1/RS-2 Zoning Districts should not be treated equally. Overall
objections to further reductions to the lot coverage and unit size percentage.
. Architects felt that overall the ordinance is just another "bandage" since it does not
address the real issues of Sea Level rise and its effect on compatibility with the
existing buildings.
. Architects suggestion: The treatment of the base of the building-areas between
sidewalk elevation and finish floor should be further studied. The ordinance should
encourage breakaway walls, open areas designed for recreation or garages-similar
to the Altos Del Mar section of the Code or look at Palm Beach cubic feet ordinance.
Additionally, the ordinance does not encourage lower scale architecture. The
ordinance should have incentives for designing one-level of living homes-whether it
is raised homes or one-story homes and incentives for designing sustainable/green
architecture.
o No objections to the greater setbacks since these transitional spaces/ edges are
important in creating a visual transition between old construction and new
construction.
. Review of Homes: Architects suggest a Single Family Residence Review Board
made up of revolving practicing architects in Miami Beach to review ALL single-
family homes. Regulations that prevent architects sitting on the board from practicing
in the city is contradictory since they are not familiar with designing homes in Miami
Beach.
. Conclusion
A more comprehensive study should be done of all single family home
neighborhoods and how they will look in 30 years. A visual study should be done of
how new construction is going to look next to historic homes-if existing homes are
going to be raised how are they going to look? The study should include a time line
of these changes. Architects suggest the City hire an outside consultant to create a
Code that addresses all the practical issues such as Sea Level Rise, Historic
Preservation/raising homes, etc. Further workshops with architects, home owners,
898
developers, etc. and with Building Department and Public Works staff as well as
Planning staff since these issues are dictated by the Building Code and FEMA
regulations.
Focus qroup meetinq with Attornevs/Developers/Realtors (Auq. 27th) :
o Setbacks: Greater setbacks will help with drainage and allow for some transition
space between homes.
. Agreed with a greater setback for two-story homes, however suggested allowing a
garage structure limited to one-story, 14'-Q" measured from adjusted grade to be
allowed 20'-0" from the front property line and limited to 500 SF.
o Miami Beach should review how Miami Shores treats front yards-transition between
older homes and new construction.
o Lot Coverage. Overhangs and covered areas should not be restricted to 3'-0". They
should be counted as a percentage similar to how Dade County calculates areas-
33%. Allow for overall maximum lot coverage for enclosed space and maximum lot
coverage for covered areas. Example, 25o/o enclosed space + 5o/o covered outdoor
space. Overall consensus that 5% decrease to the lot coverage and unit size is too
much and will negatively affect real estate prices.
. The treatment of the base of the building-areas between sidewalk elevation and
finish floor should be further studied. The ordinance should encourage breakaway
walls, open areas designed for recreation or garages. Group did not agree to an
Architect Review Board for single-family homes.
. Also agreed that RS-4 dry lots should not have the same regulations as RS-1
waterfront lots. One size fits all development does not work. There should be
different regu lations for different neig hborhoods.
Focus qroup meetinq with Homeowners (Auq 26th)
. Massing: Site specific architecture as it relates to lot coverage, unit size and
massing.
o Review of Homes: All demolition requests of homes should be reviewed and
approved by a Board prior to approving a new construction.
o Homeowner also suggested incentives for single level homes. Suggestions: finish
floor of the home be elevated approximately 8'-0" above grade with enclose space
above with floor to ceiling height of 12'-0". Area below finish floor is reserved for
garage space and open area.
. Design Review Board should have more Guidelines for Compatibility.
. Unit Size: The unit size of a new home should not exceed the largest existing home
within 4 homes on either direction or creating a sliding scale for homes based on
neighborhoods and lot sizes.
o Lot Coverage: One homeowner suggested garages should count towards lot
coverage and unit size regardless of its orientation. Additionally, the courtyard
restrictions should be retained and one-story homes should be restrictedto 40o/o.
899
. Open space requirement shall maintain the minimum depth, however all other
reg u lations/restrictions shou ld be el im i nated.
. Design: Homes in all RS districts should have a similar requirement as the Altos Del
Mar districts-each room be located so that it is adjacent to an outdoor space on at
least two sides so natural light and air circulation is prevalent in every room from
more than one direction.
o The front of the home should be designed to maintain a one-story volume and the
greater-two story mass should be towards the rear.
. Homes-even those that do not require Design Review Board should be required to
provide a contextual line drawing showing compatibility with the neighboring
properties.
. Homeowners also agreed that RS-4 dry lots should not have the same regulations as
RS-1 waterfront lots. One size fits all development does not work. There should be
d ifferent reg u lations for different neig h borhoods.
. Other residents believe we have not given the new code time to see results.
o Homeowner is worried too much emphasis is being placed on number and not
enough on design.
Focus qroup meetino with Homeowners (Auq. 27th):
. lncrease landscape areas in the front yards-current regulations allow for too much
pavement, which affects drainage and water drainage. There should also be a
landscape requirement for the entire site not just the front and rear yard-this will
allow for more green spaces throughout the site.
. ln agreement to create a Single-Family Review Board. They want more transparency
in the approval process.
. Would like more review criteria for compatibility for new construction.
. They are amendable to calculating exterior covered spaces as a percentage towards
lot coverage.
o Reestablish lot coverage restrictions when demolishing a pre-1942 Single-Family
Home.
. Suggested a survey should be done of the existing single-family homes and
determine which homes should be retained. Neighborhoods should have a ratio of
old vs. new construction. The City should look into how they can facilitate applying
for Flood lnsurance Grants and Grants to raise structures.
. Homeowners that want to create a home with a larger first floor than second floor will
prefer a larger lot coverage and lower unit size.
o Most of the compatibility issues being discussed appear to be related to style. The
requirements for new construction-flood elevation, combined with the prefered style
of today creates incompatible architecture.
JLM/TRM/MB/LC
T:\AGENDAV01S\October\PLANNING\Referral to PB SF Regs - Focus Group Summary.docx
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LOT COVERAGE (25%) = 3,750 SF
LOT COVERAGE (30%) = 4,500 SF
m MAX UNIT SIZE (45%) = 6,750 SF
MAX UNIT SIZE (50%) = 7,500 SF
: 100'x 50'= 7,500 SF
LOT COVERAGE (25%) = 1,875 SF
LOT COVERAGE (30%) = 2,250 SF
MAX UNIT SIZE (45%) = 3,375 SF
MAX UNIT SIZE (50%) = 3,750 SF
MIAMIBEACH
Plonning Deporlment
Home Ordinance Amendment
Lot Coverage - Unit Size
Existing and Proposed Lot Coverage and Unit Size calculations
LUDC#80917
MIAMIBEACH
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Lot Sizes
Legend
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f ':lr,l 16,661 sF to 1s,ooo sF - 1,248 parcels
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I 2o,ooo sF or greate r - 43T parcets
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Single Family Homes
Lot Sizes
Legend
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ffi 15,ool sF to 2o,ooo sF - 299 parcers
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MIAMIBEACH
Single Family Homes
Lot Sizes
Legend
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