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Ord No 35-10-2060ORDINANCE NO. 35 -10 -2060 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards Single Family Districts" by transferring all provisions related to two story single family structures to existing Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions "; and making technical adjustments to Section 20- 3.5(H); providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, In 2007 the Planning and Zoning Department conducted several workshops to review and analyze architectural design of two -story single family structures within the City of South Miami residential zoning use districts; and WHEREAS, this process lead to Ordinance No. 27 -07 -1928 passed and adopted by the City Commission on September 4, 2007; and WHEREAS, the Land Development Code, Section 20- 3.5(H) regulates the adopted changes from Ordinance No. 27 -07 -1928 for New Two -Story Single - Family Structures and Two -Story Additions; and WHEREAS, currently the Land Development Code, Section 20- 3.5(E) regulates Dimensional Standards for both One -Story and Two -Story design single - family districts, both in one table; and WHEREAS, the Planning and Zoning Department has prepared an amendment to the Land Development Code in order to clarify and clearly distinguish between the regulating sections and tables of the Land Development Code for the Single - Family Residential Districts, One -Story and the Single - Family Residential Districts, Two - Story; and WHEREAS, the Planning Board at its July 13, 2010 meeting adopted a motion by a vote of 5 ayes 1 nay recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -3.5 entitled "Dimensional requirements" is hereby amended as listed below: Ord. No. 35 -10 -2060 2 Section 20 -3.5 Dimensional requirements. (A) Residential Districts. In residential districts, the maximum density, minimum lot area and frontage, minimum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each district shall be determined from the Dimensional Requirements Table for either single - family residential districts one -story (Section 20- 3.5(E)) or single - family residential districts two -story (Section 20- 3.5(H)) or multi - family districts (Section 20- 3.51F)). (B) Nonresidential Districts. In nonresidential districts, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20 -3.5 jG1). (C) Dimensional Requirement Tables. (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three four tables labeled "Dimensional Requirements, Single - Family Residential Districts, One - Story" (Section 20- 3.5(E)) or "Dimensional Requirements, Single- Family Residential Districts, Two - Story" (Section 20- 3.5(H):), 'Dimensional Requirements, Multi - family Districts" (Section 20- 3.51F)) and 'Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5jG)). (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code. (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. (D) Properties Abutting Single - Family Zoning Districts. (1) Notwithstanding the dimensional requirements of the zoning use district in which a property is located, if that property is abutting (common border or separated by a right -of -way) to a single - family zoning district the maximum height of any new building or any vertical addition to an existing building on that property is limited to two stories, however, additional height may be obtained via the special use permit process as set forth in Section 20 -5.8. (2) Properties or projects constructed under a city approved Planned Unit Development Site Plan or projects subject to Development Agreements during the period that the Agreement is in effect, shall not be subject to the provisions of this section. In no case shall a Ord. No. 35 -10 -2060 3 project be rebuilt which exceeds the height, setback or density that was set forth in the Development Agreement or applicable Planned Unit Development Site Plan. (3) Properties presently existing and actually built on the effective date of this ordinance shall be grandfathered in and exempted from the provisions of this section and allowed to be rebuilt to the same height if they are destroyed by an act of God or other natural disaster. Section 20 -3.5E DIMENSIONAL REQUIREMENTS SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY REQUIREMENT Min. Lot Size Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) Front Rear Side (Interior). Side (Street) Max. Building Height Stories Feet Max. Building Coverage ( %) First floor Second goof! % o thF.. e e -arStz=vorFl..,.F RS -1 RS -2 RS -3 RS -4 RS -5 40,000 15,000 10,000 6,000 6,000 125 100 75 60 50 50 35 25 25 25 25 25 25 25 25 12.5 -25- 10 20 7.5 7.5b ------ 7.5b 74 20 15 15 15 IS 25 25 25 25 25 20 60 30 60 30 60 30 60 30 60 Max. Impervious Coverage ( %) 30 40 40 45 45 a Cumulative width of both side yards shall be not less than 20 percent of total lot width. b Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. I. IN I Ord. No. 35 -10 -2060 Section 20 -3.5H DIMENSIONAL REQUIREMENTS SINGLE - FAMILY RESIDENTIAL DISTRICTS - TWO -STORY REQUIREMENT RS -1 RS -2 RS -3 RS -4 RS -5 Min. Lot Size Net Area (sq. ft.) 41000 15,000 10,000 6,-,000 66,000 Frontage (ft.) 125 100 75 60 50 Min. Yard Setbacks (ft.) Front 50 35 25 25 25 Rear 25 25 25 25 25 Side (Interior). For structure 12' or Refer to Table i less in height, as measured from the first floor finished floor elevation Portion of structure above 12' high as measured from the first floor finished floor elevation Side (Street) Max. Building Height Stories Feet Max. Building Coverage ( %) First floor Max. Impervious Coverage ( %) Max. Floor Area Ratio ( %.) Second floor Refer to Table 1 20 15 15 15 15 2 2 2 2 2 25 25 25 25 25 Refer to Table 2 Refer to Table 2 Refer to Table 2 a Cumulative width of both side yards shall be not less than 20 percent of total lot width. (14) Special dimensional requirements and performance standards for two -story single family structure and two story additions. (A) Purpose. The purpose of this ordinance is to establish special dimensional requirements and performance standards to regulate two -story single family structures and two -story additions within the residential zoning districts: "RS -1" Estate Residential "RS -2" Semi - Estate Residential. "RS -3" Low Density Single- Familv Residential, "RS -4" Single- Family Residential and "RS -5" Single - Family Residential (50' In of the City of South Miami. (B) Applicability. The requirements of this Section shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provision of this Section shall control. (C) Performance Standards. The performance standard set forth in this section will guide the development of two -story residential homes in the single family residential districts: R Ord. No. 35 -10 -2060 RS -2 RS -3 RS -4 and RS -5. The performance standards are necessary in order to address yard setbacks, open space, adequate landscaping, plan review process, and existing character of the residential neighborhoods in the City of South Miami. By implementing these standards the city will be able to preserve and enhance the neighborhood character through architectural designs that are consistent and responsive to the individual context of the city architecturally diverse neighborhoods. (1) Building Site. The development of two -story residential homes shall be constructed on a lot that is suitable for residential development, provides adequate setbacks and the necessary infrastructure to support the development. (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject to the dimensional requirements set forth in the Land Development Code table labeled "Dimensional Requirements Single - Family Residential District Two Story" Section 20- 3.5 . (rnee e n'"�4(E*.. For irregular shaped lots, the average lot width rather than the frontage width shall be used at the discretion of the Planning Director. (4) Yard Setback Requirements. No building or structure, or any part thereof, including covered porches or terraces, but not including uncovered steps, projections shall be erected at a lesser distance from the front, side or rear line of any building site than the front, side or rear setback distance, respectively, prescribed and established herein for such building site. Nothing herein shall prohibit a building or structure from having more than the minimum required setbacks. (a) Side Setbacks (Interior). Refer to Table 1: "Proposed Preliminary Minimum Side Yard Setbacks." Side yards shall be measured from the closest point of the structure's vertical outside wall to the side lot line, on a bearing parallel to the front lot line, at ground level. TABLE 1 New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Interior Lot) Existine Lot Frontaee (ft 40-44 45-49 50 -54 55-59 60.64 65-69 70-74 75-+ First Floor Interior Side Setback a 7.5 7.5 7.5 7.5 7.5 8.5 9.5 10.0 Second Floor Interior Side Setback b 7.5 9.0 10.0 11.0 12.0 13.0 14.0 15.0 Ord. no. 35 -10 -2060 a Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. b For pre - existing improved lots of record in the RS3 or RS4 districts, that are 50 feet or less in lot width the second floor setback shall be the same as the first floor setback. (b) Front Setback. The minimum front setback shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled "Dimensional Requirements Single- Family Residential District Two Story" (Section 20- 3.5QD). ( Section 20 C��T (c) Side Setbacks (Street). The minimum side setback (street) for structure that abuts a street shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled "Dimensional Requirements Single - Family Residential District Two Story" (Section 20- 3.5(M). (Section (d) Rear Setback. The minimum rear setback of twenty -five (25) feet shall be maintained and required on principle buildings in the single - family residential district, as reflected on the Land Development Code table labeled "Dimensional Requirements Single - Family Residential District Two Story" (Section 20- 15(11)). (Seefien io (3) Building Height Limit. No single - family residential home shall be built in the City of South Miami that is more than two- stories in height. The maximum building height for two -story homes shall not exceed twenty -five (25) feet. Maximum Building Coverage. The maximum building coverage permitted for a two- story single family residence shall be determined for for each application by using the dimensional requirements set forth in Table 2, Section (C)12, Development Standards. Maximum Impervious Coverage. The maximum impervious coverage permitted for a two -story single- family residence shall be determined for each application by using the dimensional requirements set forth in Table 2, Section (C)12, Development Standards. Maximum Floor Area Ratio. The maximum floor area ratio permitted for a two -story single- family residence shall be determined for each application by using the dimensional requirements set forth in Table 2, Section (C)12, Development Standards. requirements set feA in subseetion 14-. (8) (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front yard area shall be green space. All yard areas shall be landscaped with trees and drought resistant native vegetation, as necessary, to enhance privacy from abutting properties. The Ord. No. 35 -10 -2060 landscaped open space required by this Section shall consist of pervious landscaped area and shall not consist of any paved or otherwise impervious areas. The minimum height of new trees for two -story homes shall be eighteen (18) feet. An inventory of existing trees located onsite shall be prepared and submitted to the Planning Department as part of the Environmental Review Preservation Board (ERPB) application. The required landscaped plan shall be prepared by Florida Registered Landscape Architect consistent with the City's Tree Ordinance. J2J(8) Architectural and Site Plan Review. All new two -story homes or second story additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the Land Development Code. The design review must be based on sound and clearly articulated design principles. The architectural plans must be signed and sealed by a Florida Registered Architect. (a) The ERPB shall consider and apply the following features as part of the review: (i) Scale, color, texture, appropriateness, and aesthetic quality of all proposed buildings and other structures; (ii) Quantity, quality and arrangement of all proposed landscaping and open space features; (iii) Overall compatibility of the proposed development with the existing and desired character of the property and neighborhood in which located; and (iv) The installation of sidewalks along all arterial roadways and compliance with the City's sidewalk policies and requirements. (b) Designs should use a mix of articulation, architectural elements and exterior finishes reducing the perceived scale and bulk of buildings, including low to moderately pitched roofs and recesses under roof creating indoor /out door living spaces (terraces). In considering the design of the building, the ERPB shall consider and apply Section 7(a)(i) thru (iii), and render a decision as to the adequacy of the elements in the design concept including, but not limited to: Trim Shutters Awnings and canopies Windows (Fenestration) Doors Texture of surface Colors Roofs (materials, color, slope and overhang) Planters Window boxes Walls, height, location, materials, design Height of building Location of structure on site Site circulation in regard to pedestrian travel, parking, services, grades and landscaping Location of exposed piping, conduits and rain water leaders The impact on adjacent properties of continuous two story walls Ord. no. 35 -10 -2060 All lighting (height, location and style) (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a statement explaining how the proposed building complies with the architectural style surrounding the site must be submitted as part of the ERPB application. The ERPB shall require changes to the plans to ensure that the design preserves the existing architectural style of the neighborhood, unless specified to the contrary, and promotes design excellence in the community. The ERPB, as part of the its application for review, shall require the submission of photographs of both sides of the street and all abutting properties, on the block where the new two -story home or two -story addition is to be constructed. (d) The architectural context includes the height, scale, massing, separation between buildings, and style in regard to how buildings and structures relate to each other within a specified area. Architectural context allows for differences in height, scale, massing, and separation between buildings and style, when such differences contribute to the overall harmony and character of the area. The ERPB shall not take into consideration existing buildings and structure that are out of context with the area when considering whether a new building or structure or a substantial addition to an existing building or structure is in context with both sides of the street on the block where it is located and surrounding properties. The ERPB shall review the building or structure in the context of that area in which the site is located when a new building or structure or a substantial addition to an existing building or structure is located on a building site that is on the border of two areas that have different character or content. (e) The Planning Director shall have the administrative discretion to require the above review process to be accomplished prior to a Planning Board public hearing on the proposed development application. 10 (9)Findings. The ERPB shall determine approval or disapproval of the proposed designed plans. The Board shall prepare a written determination in order to state the intent of its decision. The written determination shall be filed with the Planning Department for inclusion in the project record. (111) (14)Historic Preservation Board Review. Construction of a two -story home or a second story additions or alterations to existing homes in the City's Historic District shall be reviewed by the Historic Preservation Board and ERPB. The Historic Preservation Board shall review the application for consistency with the City's historic preservation guidelines, requirements set forth in this section, and the standards for the issuance of a Certificate of Appropriateness set forth in the Land Development Code. The Board shall also determine compatibility with the guidelines in the specific Historic Designation Report. The Historic Preservation Board recommendations shall be submitted to the ERPB for consideration. The ERPB shall give consideration to the findings of the Historic Preservation Board as part of its review for the purpose of determining consistency with the requirements set forth in this section. 04)- Development Standards. The development standards are based on percentage of lot size consistent with the table provided below. The lot size that does not exactly match table 2 shall be rounded -e€f up to the next highest lot size in order to determine the appropriate lot size. Ord. No. 35 -10 -2060 (Ord. No. 2-90-1445,1-2-90; Ord. No. 2-92-1497,1-7-92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94- 1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No. 8 -97 -1629, § 1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07) Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be effective immediately after the adoption hereof. TABLE 2 New Two -Story Single- Family Residential and Second Story Additions Percentage Requirements for Maximum Building Coverage, Impervious Coverage and FAR Lot Size Maximum Building Maximum Impervious Maximum Floor Coverage Coverage Area Ratio 5,000 0.300 0.450 0.550 6,000 0.300 0.450 0.525 7,000 0.300 0.438 0.500 8,000 0.300 0.425 0.475 9,000 0.300 0.413 0.450 10,000 0.300 0.400 0.450 11,000 0.300 0.400 0.450 12,000 0.300 0.400 0.450 13,000 0.300 0.400 0.450 14,000 0.300 0.400 0.450 15,000 0.300 0.400 0.450 16,000 0.296 0396 0.444 17,000 0.292 0392 0.438 18,000 0.288 0.388 0.432 19,000 0.284 0.384 0.426 20,000 0.280 0380 0.420 21,000 0.276 0376 0.414 22,000 0.272 0.372 0.408 23,000 0.268 0.368 0.402 24,000 0.264 0.364 0.396 25,000 0.260 0.360 0.390 26,000 0.256 0.356 0.384 27,000 0.252 0.352 0378 28,000 0248 0.348 0.372 29,000 0.244 0.344 0.366 30,000 0.240 0.340 0.360 31,000 0.236 0.336 0.354 32,000 0232 0.332 0.348 33,000 0228 0.328 0.342 34,000 0.224 0.324 0.336 35,000 0.220 0.320 0.330 36,000 0.216 0.316 0.324 37,000 0.212 0.312 0.318 38,000 0.208 0.308 0.312 39,000 0.204 0.304 0.306 40,000+ 0.200 0.300 0.300 (Ord. No. 2-90-1445,1-2-90; Ord. No. 2-92-1497,1-7-92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94- 1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No. 8 -97 -1629, § 1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07) Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be effective immediately after the adoption hereof. Ord. No. 35 -10 -2060 10 PASSED AND ADOPTED this 5th day of October , 2010 ATTEST: Y CLERK I" Reading — 9/2f/10 2" Reading — 10/5/10 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY APPPROV�%EGDD: i" i — MAY Cdi' COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea (New wording in bold and underlined; wording removed in ) K (Comm ItemsV0100- 21- 101LDC Text Amend Two -story Single- Familvl LDC Amend Two -story Ordinance. doe 0W To: Via: From: Date- South Miami ptl•AmeficeCity CITY OF SOUTH MIAMI , ®r OFFICE OF THE CITY MANAGER 2001 INTER - OFFICE MEMORANDUM The Honorable Mayor Stoddard and lvitemoers or me %.iLy Commission Hector Mirabile, Ph.D., City Manager Thomas J. Vageline, Director Planning and Zoning Department September 21, 2010 ITEM No. Subiect An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 35(E), entitled "Dimensional Standards Single Family Districts" by transferring all provisions related to two story single family structures to existing Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions "; and making technical adjustments to Section 20- 3.5(H); providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND On 2007, the Planning and Zoning Department conducted a series of workshops and studies to review and analyze architectural design of two -story single family structures within the City of South Miami residential zoning districts. One of the issues closely studied was the massing of the second floor in relation to the first floor on two -story single family structures on the existing character of the neighborhoods. This analysis included all five single - family districts, RS -1, RS -2, RS -3, RS -4 and RS -5. As a result, this process lead to Ordinance number 27 -07 -1928, which was passed and adopted on September 4, 2007, with a Commission vote of 5 -0. The adopted change resulted in more restrictive design guidelines and dimensional requirements for new two -story single - family structures and two -story additions throughout the City of South Miami, specifically all five single - family residential districts. These are found in Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions ". Prior to the adoption of Ordinance number 27 -07 -1928, in September 2007, the Land Development Code regulated design guidelines and dimensional requirement for both one -story and two -story design in Section 20- 3.5(E), entitled "Dimensional Requirements Single- Family Districts ". 2 CURRENT LDC .REGULATIONS The Land Development Code Section 20- 3.5(E), entitled "Dimensional Requirements Single- Family Districts ", which regulates dimensional standards for both one -story and two -story single family districts and must be consistent with Section 20- 3.5(1-1), entitled "Special dimensional and performance standards for two -story single structure and two - story additions ", was added to the Land Development Code at a later date. In order to avoid a potential design conflict, provide consistency within the Code, and have a clear distinction as to the dimensional requirements between a one -story and a two -story single- family residential design regulations, minor revisions are being proposed to Sec. 20 -3.5 (A), (C), (E) and (H), as shown on the attached draft ordinance. PLANNING BOARD ACTION The Planning Board at its July 13, 2010 meeting after public hearing adopted a motion by a vote of 5 ayes and 1 nay recommending the approval of the proposed text amendments. RECOMMENDATION It is recommended that the proposed amendments be approved. Attachments: Planning Dept. Staff report 7 -13 -10 (PB -10 -012) (including Ordinance No. 27 -07 -1928) Planning Board Excerpt Minutes 7 -13 -10 (PB -10 -012) Public Notices Draft ordinance TN(LCH YAComm Stems\2010 \9- 21- 10\LDC Text Amend Two -story Single- Family\LDC TW Amend.doc To: Honorable Chair and Planning Board Members From: Thomas J. Vageline. Director Planning and Zoning Departme oto� Date: July 13, 2010 Re: LDC Text Amendment Two -Story Single Family Structure See. 20- 3.5(E) and Sec. 20 -3.5(M PB -10 -012 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards Single Family Districts" by transferring all provisions related to two story single family structures to existing Section 20- 3.5(1J), entitled "Special dimensional and performance standards for two -story single structure and two -story additions"; and making technical adjustments to Section 20- 3.5(R); providing for severability; providing for ordinances in conflict; and providing an effective date. On 2007, the planning and Zoning Department conducted a series of workshops and studies to review and analyze architectural design of two -story single family structures within the City of South Miami residential zoning districts. One of the issues closely studied was the massing of the second floor in relation to the first floor on two -story single - family structures on the existing character of the neighborhoods. This analysis included all five single - family districts, RS -I, RS -2, RS -3, RS -4 and RS -5. As a result, this process lead to Ordinance number 27 -07 -1928, which was passed and adopted on September 4, 2007, with a Commission vote of 5 -0. The change adopted resulted in more restrictive design guidelines and dimensional requirements for new two -story single - family structures and two -story additions throughout the City of South Miami, specifically all five single - family residential districts. These are found in Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions ". Prior to the adoption of Ordinance number 27 -07 -1928, in September 2007, the Land Development Code regulated design guidelines and dimensional requirement for both one -story and two -story design in Section 20- 3.5(E), entitled "Dimensional Standards Single Family Districts ". LDC Amendment July 13, 2010 2 CURRENT LDC REGULATIONS The Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards Single Family Districts ", which regulates dimensional standards for both one -story and two - story design single family districts and must be consistent with Section 20- 3.5(14),. entitled "Special dimensional and performance standards for two -story single structure and two -story additions ", added to the Land Development Code at a later date. In order to avoid a potential design conflict, provide consistency within the Code, and have a clear distinction as to the dimensional requirements between a one -story and a two -story single - family residential design regulations, minor revisions are being proposed to Sec. 20 -3.5 (A), (C), (E) and (H), as shown on the attached pages. The corrections '-�•° °' -) and the new wording is shown in removed are being shown as deleted (� �� bold underlined. RECO1V MENDATION It is recommended that the proposed amendments be approved, Attachments: Ordinance No. 27 -07 -1928 Public Notices TJV/LCIi Y:\PB\PB Agendas Staff Reports\2010 Agendas Staff Rep0rts \7- 13- 10\PB -10 -012 LDC Amend Two -Story Single - Family Correction.doc LDC Amendment July 13, 2010 LDC PROPOSED AMENDMENT (new wording shown in botrUunderlined• wording to be removed shown ink- fhreic O Section 20 -3.5 Dimensional requirements. (A) Residential Districts. In residential districts, the maximum density, minimum lot area and frontage, minimum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each district shall be determined from the Dimensional Requirements Table for either single - family residential districts one -sto (Section 20- 3.5 H or multi - family districts (Section 20- 3.5fF)). ($) Nonresidential Districts. In nonresidential districts, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20- 3.5,(G)). (C) Dimensional Requirement Tables. (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three four tables Iabeled "Dimensional Requirements, Single- Family Residential Districts, tine -Sion" (Section 20- "Dimensional Requirements, I 20- 3,5,(F)) and "Dimensional Districts" (Section 20- 3.5jG)). ulti- family Districts" (Section Requirements, Nonresidential (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code. (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. LDCAmendment July 13, 2010 4 (D) Properties Abutting Single - Family Zoning Districts. (1) Notwithstanding the dimensional requirements of the zoning use district in which a property is located, if that property is abutting (common border or separated by a right-of-way) to a single - family zoning district, the maximum height of any new building or any vertical addition to an existing building on that property is limited to two stories, however, additional height may be obtained via the special use permit process as set forth in Section 20 -5.8. (2) Properties or projects constructed under a city approved Planned Unit Development Site Plan or projects subject to Development Agreements during the period that the Agreement is in effect, shall not be subject to the provisions of this section. In no case shall a project be rebuilt which exceeds the height, setback or density that was set forth in the Development Agreement or applicable Planned Unit Development Site Plan. (3) Properties presently existing and actually built on the effective date of this ordinance shall be grandfathered in and exempted from theprovisions of this section and allowed to be rebuilt to the same height if they are destroyed by an act of God or other natural disaster. LDCAmendment July 13, 2010 5 Section 20 -3.513 DIMENSIONAL REQUIREMENTS SINGLE- FAMILY RESIDENTIAL DISTRICTS - ONE -STORY REQUIREMENT Min, Lot Size Net Area (sq. 8.) Frontage (ft.) Min. Yard Setbacks (R.) Front Rear Side (Interior). Side (Street) Mae. Building Height Stories Feet Pep-Aw ore4aL6Y krs-in-hei ' es rneasufed4o,� flmt- V�isiied €loerelevatiee PeRiene€ high- as- mea,ueed £rem•the- rsEfleer €xtishe"Dor elevation Max. Building Coverage ( /-) First floor Seeend-ttoer. 4�e€ tke- i�t -fleen RS -1 RS -2 RS -3 RS -4 RS -5 40,000 15,000 10,000 6,000 6,000 125 too 75 60 50 50 35 25 25 25 25 25 25 25 25 12.5 10 7.5 7.% 7.5n 20 15 15 15 15 5 45 Max. Impervious Coverage ( %) 30 40 40 4 Cumulative width of both side yards shall be not less than 20 percent of total lot width. b Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. 2 2 2 ' ' 25 2 25 2 25 2 25 2 20 3 30 3 30 3 30 3 30 60 6 60 6 60 6 . Max. Impervious Coverage ( %) 30 40 40 4 Cumulative width of both side yards shall be not less than 20 percent of total lot width. b Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. LDC Amendment July 13, 2010 Section 20 -3.5II DIMENSIONAL REOVIRENIENTS SINGLE-FAMILY RESIDENTIAL DISTRICTS _ TWO -STORY REOIIIREMENT RS -I RS Z RS -3 i RS -5 Min. Lot Size Net Area (so. ft.) 40j000 15,0_00 10_,000 6,000 66,000 Frontage (ft.) 125 100 75 60 54 Min Yard Setbacks (ft.) 50 35 25 25 25 rout 25 25 25 25 25 Rear Side (interior)» For structure 12' or Refer to Table 1 less in height as measured from the first floor finished floorelevation Portion of Refer to Table 1 structure above I2' high as measured from the first floor finished floor elevation 20 15 15 15 IS Side (Sfreefl. Max Building height 2 ? Stories 2 25 25 ? 25 25 Feet Max Building Coverage ( %) First floor Refer to Table 2 Max Impervious Coverage ( %) Refer to Table 2 Max Floor Area Ratio (°/) Second NO Refer to Table 2 a Cumulative width of both side yards shall be not less than 20 percent of total tot width. (id) Special dimensional reg uirements and performance standards for two -story single family structure and two story additions. (A) Purpose. The purpose of this ordinance is to establish special dimensional requirements and performance standards to regulate two -story single family structures and two -story additions within the residential zoning districts; "RS -I" Estate Residential "RS 2" Semi - Estate Residential "RS -3" Low Density Single- GG f9 i of the City of South Miami. (B) Applicability. The requirements of this Section shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provision of this Section shall control. LDC Amendment July 13, 2010 7 (C) Performance Standards. The performance standard sett €orth in this section will guide the development of two -story residential homes in the single family residential districts: RS -1 RS -2 RS -3 RS -4 and RS -5. The performance standards are necessary in order to address yard setbacks, open space, adequate landscaping, plan review process, and existing character of the residential neighborhoods in the City of South Miami. By implementing these standards the city will be able to preserve and enhance the neighborhood character through architectural designs that are consistent and responsive to the individual context of the city architecturally diverse neighborhoods. (1) Building Site. The development of two -story residential homes shall be constructed on a lot that is suitable for residential development, provides adequate setbacks and the necessary infrastructure to support the development. (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject to the dimensional requirements set forth in the Land Development Code table labeled "Dimensional Requirements Single - Family Residential District Two St, ory" Section 20- 3.5(H). ($eetiell 20 5( j For irregular shaped lots, the average lot width rather than the frontage width shall be used at the discretion of the Planning Director. lip (4) Yard Setback Requirements. No building or structure, or any part thereof, including covered porches or terraces, but not including uncovered 'steps, projections shall be erected at a lesser distance from the front, side or rear line of any building site than the front, side or rear setback distance, respectively, prescribed and established herein for such building site. Nothing herein shall prohibit a building or structure from having more than the minimum required setbacks. (a) Side Setbacks (Interior). Refer to Table 1: "Proposed Preliminary Minimum Side Yard Setbacks." Side yards shall be measured from the closest point of the structure's vertical outside wail to the side lot line, on a bearing parallel to the front lot line, at ground level. ds -s all aenot -less LDC Amendment July 13, 2010 TABLE I New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Interior Lot) Existing Lot Frontaee(ft.) we- InteHOf bet- �ALidtb 40 -44 45-49 50 -54 55 -59 60-64 65 -69 70-74 75 -+ b floor setback. First Floor Interior Side Setback a 7.5 7.5 7.5 7.5 7.5 8.5 9.5 10.0 Second Floor Inferior Side Setback b 7.5 9.0 10.0 11.0 12.0 13.0 14.0 15.0 (b) Front Setback. The minimum front setback shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled "Dimensional Requirements Single- Family Residential District Two Story" (Section 20- 3.5(H)). fSeetien --33( -E (c) Side Setbacks (Street). The minimum side setback (street) for structure that abuts a street shall be consistent with the dimensional requirements reflected on the Land. Development Code table labeled "Dimensional Requirements Single - Family Residen(ial District Two Story" (Section 20- 3.5(H)). (-S� , . (d) .Rear Setback. The minimum rear setback of twenty -five (25) feet shall be maintained and required on principle .buildings in the single- family residential district, as reflected on the Land Development Code table labeled "Dimensional Requirements Single - Family Residential District Two Story" (Section 20- 3.5(H)). {Seetlen= 20-3=5(f }} (3) Building Height Limit. No single- family residential home shall be built in the City of South Miami that is more than two - stories in height. The maximum building height for two -story homes shall not exceed twenty -five (25) feet. LDC knendrnent July 13, 2010 Maximum Buildinff Coveryge The maximum building coverage permitted for a two-story single family residence shall be determined for for each application by using the dimensional requirements set forth in Table 2 Section (C)12 Development Standards. Maximum lmuervious Coverage The maximum impervious coverage permitted for a two -sto single-family, residence shall be determined for each application by usin the dimensional re uirernents set forth in Table 2 Section (C)12 Development Standards. fn Maximum Floor Area. Ratio The maximum floor area ratio permitted for a Development Standards. (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front yard area shall be green space. All yard areas shall be landscaped with trees and drought resistant native vegetation, as necessary, to enhance privacy from abutting properties. The landscaped open space required by this Section shall consist of pervious landscaped area and shall not consist of any paved or otherwise impervious areas. The minimum height of new trees for two -story homes shall be eighteen (18) feet. An inventory of existing trees located onsite shall be prepared and submitted to the Planning Department as part of the Environmental Review Preservation Board (ERPB) application. The required landscaped plan shall be prepared by Florida Registered Landscape Architect consistent with the City's Tree Ordinance. f-(&) Architectural and Site Plan Review. All new two -story homes or second story additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the Land Development Code. The design review must be based on sound and clearly articulated design principles. The architectural plans must be signed and sealed by a Florida Registered Architect. (a) The ERPB shall consider and apply the following features as part of the review: (i) Scale, color, texture, appropriateness, and aesthetic quality of all proposed buildings and other structures; (ii) Quantity, quality and arrangement of all proposed landscaping and open space features; LDC Amendment July 13, 2010 10 (iii) overall compatibility of the proposed development with the existing and desired character of the property and neighborhood in which located; and (iv) The installation of sidewalks along all arterial roadways and compliance with the City's sidewalk policies and requirements. (b) Designs should use a mix of articulation, architectural elements and exterior finishes reducing the perceived scale and bulk of buildings, including low to moderately pitched roofs and recesses under roof creating indoor /out door living spaces (terraces). In considering the design of the building, the ERPB shall consider and apply Section 7(a)(i) thm (iii), and render a decision as to the, adequacy of the elements in the design concept including, but not limited to: Trim Shutters Awnings and canopies Windows (Fenestration) Doors Texture of surface Colors Roofs (materials, color, slope and overhang) Planters Window boxes Walls, height, location, materials, design Height of building Location of structure on site Site circulation in regard to pedestrian travel, parking, services, grades and landscaping Location of exposed piping, conduits and rain water leaders The impact on adjacent properties of continuous two story wails All lighting (height, location and style) (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a statement explaining how the proposed building complies with the architectural style surrounding the site must be submitted as part of the ERPB application. The ERPB shall require changes to the plans to ensure that the design preserves the existing architectural style of the neighborhood, unless specified to the contrary, and promotes design excellence in the community. The ERPB, as part of the its application for review; shall require the submission of photographs of both sides of the street and all abutting properties, on the block where the new two -story home or two -story addition is to be constructed. LDC Amendment July 13, 2010 11 (d) The architectural context includes the height, scale, massing, separation between buildings, and style in regard to how buildings and structures relate to each other within a specified area. Architectural context allows for differences in height, scale, massing, and separation between buildings and style, when such differences contribute to the overall harmony and character of the area. The ERPB shall not take into consideration existing buildings and structure that are out of context with the area when considering whether a new building or structure or a substantial addition to an existing building or structure is in context with both sides of the street on the block where it is located and surrounding properties. The ERPB shall review the building or structure in the context of that area in which the site is located when a new building or structure or a substantial addition to an existing building or structure is located on a building site that is on the border of two areas that have different character or content. (e) The Planning Director shall have the administrative discretion to require the above review process to be accomplished prior to a Planning Board public hearing on the proposed development application. fUO (9)Findings. The ERPB shall determine approval or disapproval of the proposed designed plans. The Board shall prepare a written determination in order to state the intent of its decision. The written determination shall be filed with the Planning Department for inclusion in the project record. 11 (d- 8)Historic Preservation Board Review. Construction of a two -story home or a second story additions or alterations to existing homes in the City's Historic District shall be reviewed by the Historic Preservation Board and ERPB. The Historic Preservation Board shall review the application for consistency with the City's historic preservation guidelines, requirements set forth in this section, and the standards for the issuance of a Certificate of Appropriateness set forth in the Land Development Code. The - Board shalt also determine compatibility with the guidelines in the specific Historic Designation Report. The Historic Preservation Board recommendations shall be submitted to the ERPB for consideration. The ERPB shall give consideration to the findings of the Historic Preservation Board as part of its review for the purpose of determining consistency with the requirements set forth in this section. 04)- Development Standards. The development standards are based on percentage of lot size consistent with the table provided below. The lot size that does not exactly match table 2 shall be rounded-off up to the next highest lot size in order to determine the appropriate lot size. LDC Amendmens July 13, 2010 12 (Ord. No. 2-90-1445,1-2-90; Ord. No. 2-92-1497,1-7-92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94- 1573, § 1, 12- 20 -94; Ord. No.. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No. 8 -97 -1629, § 1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07) TABLE 2 New Two -Story Single - Family Residential and Second Story Additions Percentage Requirements for Maximum Building Coverage, Impervious Coverage and FAR Lot Size Maximum Building Maximum Impervious Maximum Floor Coverage Coverage Area Ratio 5,000 0.300 0.450 0.550 0.525 6,000 0.300 0.450 0.438 0.500 7,000 0.300 0300 0.425 0.475 8,000 9,000 0.300 0.413 0.450 10,000 0.300 0.400 0.450 0.450 11,000 0.300 0.400 0.450 12,000 0.300 0.400 0.400 0.450 13,000 0.300 0.400 0.450 14,000 0.300. 0.300 0.400 00.50 15,000 16,000 0.296 0.396 0.444 17,000 0.292 0.392 0,438 18,000 0.288 0.388 OA32 OA26 19,000 0.284 0384 0.380 0.420 20,000 0.280 0.376 OA14 21,000 0.276 0.372 0.408 22,000 0.272 0.368 0.402 23,000 0.268 0.264 0364 0.396 24,000 25,000 0.260 0.360 0.390 26,000 0.256 0.356 0.384 27,000 0.252 0.352 0.378 28,000 0.248 0.348 03.72 0.366 29,000 0.244 0.344 0.360 30,000 0.240 0.340 0.354 31,000 0.236 0.336 0.348 32,000 - 0.232 0.332 0.328 0.342 33,000 34,000 0.228 0.224 0.324 0.336 35,000 0.220 0.320 0.330 36,000 0.216 0.316 0.324 37,000 0.212 0.312 0.318 38,000 0.208 0.308 0312 0.306 39,000 0.204 0.304 0.300 40,000+ 0200 0300 (Ord. No. 2-90-1445,1-2-90; Ord. No. 2-92-1497,1-7-92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94- 1573, § 1, 12- 20 -94; Ord. No.. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No. 8 -97 -1629, § 1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07) ORDINANCE NO. 27-07-1928 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE STANDARDS FOR TWO -STORY SINGLE .FAMILY STRUCTURES AND TWO -STORY ADDITIONS "; INCLUDING MINIMUM LOT SIZE AND LOT COVERAGE; MINIMUM YARD SETBACK; MAXIMUM BUILDING HEIGHT; MAXIMUM BUILDING COVERAGE; MAXIMUM IMPERVIOUS COVERAGE; LANDSCAPE REQUIREMENTS; ARCHITECTURAL AND SITE PLAN REVIEW; FINDINGS; HISTORIC PRESERVATION BOARD REVIEW; DEVELOPMENT STANDARDS; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has expressed concern with the new construction of two -story residential homes and the addition of a second story to existing one story single family homes which may not be compatible with the scale and massing of their existing residential neighborhood; and WHEREAS, it is believed that the aforesaid new construction and additions to existing single family residences are only the beginning of a trend that could increase as older single family residences in the City are sold for demolition or reconstruction; and WHEREAS, the City Commission enacted a moratorium on the construction of two -story homes on February 6, 2007, in order to provide sufficient time for the City to study the various issues associated with the development of compatible two - story homes; and WHEREAS, the City Commission held a series of workshop .with the Planning Board, Environmental Review Preservation Board, Historic Preservation Board, residences, developers and interested stakeholders to discuss the impact of compatible two -story homes on existing residential neighborhood; and WHEREAS, on Tune 5, 2007, the City Commission extended the moratorium to allow the City staff to complete the preparation amended single - family regulation and to schedule the required public hearings; and WHEREAS, the City Commission is cognizant and respectful of the rights of the owners of single family residential properties in the City, and have noted in the workshops that they are not against two -story homes provided that such development did not adversely change or alter the character of the neighborhood; and WHEREAS, the Planning Board at its August 14, 2007 meeting, after public hearing, adopted a motion by a vote of 5 ayes and 0 nays recommending that the Ord.. No. 27 -07 -1928 proposed ordinance be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That the "Land Development Code, of the City South Miami" shall be amended to incorporate a new Section 20- 3.5(H), entitled "Special Dimensional and Performance Standards for Two -Story Single Family Structure and Two Story Additions." (A) Purpose. The purpose, of this ordinance is to establish special dimensional and performance standards to regulate two -story single family structures and two -story additions within the residential zoning districts of the City of South Miami. (B) Applicability. The requirements of this Section shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provision of this Section shall control. (C) Performance Standards. The performance standard set forth in this section will guide the development of two -story residential homes in the single family residential district. The performance standards are necessary in order to address yard setbacks, open space, adequate landscaping, plan review process, and existing character of the residential neighborhoods in the City of South Miami. By implementing these standards the City will be able to preserve and enhance the neighborhood character through architectural designs that are consistent and responsive to the individual context of the City architecturally diverse neighborhoods. (1) Building Site. The development of two -story residential homes shall be constructed on a lot that is suitable for residential development, provides adequate setbacks and the necessary infrastructure to support the development. . (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject to the dimensional requirements set forth in the Land Development Code table labeled "Dimensional Requirements Single - Family District" (Section 20- 3.5(E)). For irregular shaped lots, the average lot width rather than the frontage width shall be used at the discretion of the Planning Director. (3) inkmnr Maximum Lot Coverage. The building coverage for the first floor area permitted for single family residences shall be equal to thirty, (30) to twenty percent of the building site area depending on lot size as shown in Table 2 Section (C)11. 2 OXd. N.o. 27 -07 -1928 (4) Yard Setback Requirements. No building or structure, or any part thereof, including covered porches or terraces, but not including uncovered steps, projections shall be erected at a lesser distance from the front, side or rear line of any building site than the front, side or rear setback distance, respectively, prescribed and established herein for such building site. Nothing berein shall prohibit a building or structure from having more than the minimum required setbacks. (a) Side Setbacks (Interior). Refer to Table 1: "Proposed Preliminary Minimum Side Yard Setbacks." TABLE 1 New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Infarinr 1 ntl Side Interior Lot Width First Floor Setback Second Floor Setback 40 44 7.5 7.5 4549 7.5 9.0 50 -54 7.5 10.0 55 -59 7.5 11.0 60 -64 7.5 12.0 65-69 8.5 13.0 70 -74 9.5 14.0 75 -+ 10.0 15.0 Side yards shall be measured from the closest point of the structure's vertical outside wall to the side lot line, on a bearing parallel to the front lot line, at ground level. Cumulative width of both interior side yards shall be not less than 20 percent of total lot width. (b) Front Setback. The minimum front setback shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled "Dimensional Requirements Single- Family District" (Section 20- 3.5(E)). (c) Side Setbacks (Street). The minimum side setback (street) for structure that abuts a street shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled "Dimensional Requirements Single- Family District" (Section 20- 3.5(E)). .Ord. •no. 27 -07 -1928 (d) Rear setback. The minimum rear setback of twenty -five (25) feet shall be maintained and required on principle buildings in the single - family residential district, as reflected on the Land Development Code table labeled "Dimensional Requirements Single - Family District" (Section 20- 3.5(E)). (5) Building Height Limit. No single family residential home shall be built in the City of South Miami that is more than two - stories in height. The maximum building height for two -story homes shall not exceed twenty -five (25) feet. (6) Maximum Building Coverage/Impervious Coverage. The maximum building coverage and impervious coverage shall be determined for each application by using the dimensional requirements set forth in subsection 11. (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front yard area shall be green space. All frerrt--yard areas shall be landscaped with trees and drought resistant native vegetation, as necessary, to enhance privacy from abutting properties. The landscaped open space required by this Section shall consist of pervious landscaped area and shall not consist of any paved or otherwise impervious areas. The minimum height of new trees for two -story homes shall be 18'.0". An inventory of existing trees located onsite shall be prepared and submitted to the Planning Department as part of the Environmental. Review Preservation Board (ERPB) application. The required landscaped plan shall be prepared by Florida Registered Landscape Architect consistent with the City's Tree Ordinance. (8) Architectural and Site Plan Review. All new two -story homes or second story additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the Land Development Code. The design review must be based on sound and clearly articulated design principles. The architectural plans must be signed and sealed by a Florida Registered Arcbitect. (a) The ERPB shall consider and apply the following features as part of the review: (i) Scale, color, texture, ai44 appropriateness, and aesthetic quality of all proposed buildings and other structures; (ii) Quantity, quality and arrangement of all proposed landscaping and open space features; (iii) Overall compatibility of the proposed development with the existing and desired . character of the property and neighborhood in which located; and (iv) The installation of sidewalks along all arterial roadways and compliance with the City's sidewalk policies and requirements. 11 Ord. 'No. 27 -07 -1928 (b) Designs should use a mix of articulation, architectural elements and exterior finishes reducing the perceived scale and bulk of buildings, including low to moderately pitched roofs and recesses under roof creating indoor /out door living spaces (terraces). in considering the design of the building, the ERPB shall consider and apply Section 7(a)(i) thru (iii), and render a decision as to the adequacy of the fop . elements in the design concept includine but not limited to: Trim Shutters Awnings and canopies Windows (Fenestration) Doors Texture of surface Colors Roofs (materials,, color, slope and overhang) Planters Window boxes Walls, height, location, materials, design Height of building Location of structure on site Site circulation in regard to pedestrian travel, parking, services, grades and landscaping Location of exposed piping, conduits and rain water leaders The impact on adjacent properties of continuous two story walls &aeamfi*eAll lighting (height, location and style) (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a statement explaining how the proposed building complies with the architectural style surrounding the site must be submitted as part of the ERPB application. The ERPB shall require changes to the plans to ensure that the design preserves the existing architectural style of the neighborhood, unless specified to the contrary, and promotes design excellence in the community. The ERPB, as part of the its application for review, shall require the submission of photographs of both sides of the street and all abutting properties, on the block where the new two -story home or two -story addition is to be constructed. (d) The architectural context includes the height, scale, massing, separation between buildings, and style in regard to how buildings and structures relate to each other within a specified area. Architectural context allows for differences in height, scale, massing, and separation between buildings and style, when such differences contribute to the overall harmony and character of the area. The ERPB shall not take into consideration existing buildings and structure that are out of context with ,Ord. ,No. 27 -01 -1928 the area when considering whether a new building or structure or a substantial addition to an existing building or structure is in context with both sides of the street on the block where it is located and surrounding properties. The ERPB shall review the building or structure in the context of that area in which the site is located when a new building or structure or a substantial addition to an existing building or structure is located on a building site that is on the border of two areas that have different character or content. (e) The Planning Director shall have the administrative discretion to require the above review process to be accomplished prior to a Planning Board public hearing on the proposed development application. (9) Findings. The ERPB shall determine approval or disapproval of the proposed designed plans. The Board shall prepare a written determination in order to state the intent of its decision. The written determination shall be Bled with the Planning Department for inclusion in the project record. (10) Historic Preservation Board Review. Construction of a two -story home or a second story additions or alterations to existing homes in the City's Historic District shall be reviewed by the Historic Preservation Board and ERPB. The Historic Preservation Board shall review the application for consistency with the City's historic preservation guidelines; requirements set forth in this section, and the standards for the issuance of a Certificate of Appropriateness set forth in the Land Development Code. The Board shall also determine compatibility with the guidelines in the specific Historic Designation Report. The Historic Preservation Board recommendations shall be submitted to the ERPB for consideration. The ERPB shall give consideration to the findings of the Historic Preservation Board as part of its review for the purpose of determining consistency with the requirements set forth in this section. (11) Development Standards. The development standards are based on percentage of lot size consistent with the table provided below. The lot size shall be rounded -off in order to determine the appropriate lot size. IN Ord. No. 27 -07 -1928 TABLE 2 New Two -Story Single Family Residential and Second Story Additions Percentage Requirements for Maximum Building Coverage, and FAR Lot Size V Maximum Building Covera e Maximum Impervious Coverage Maximum Floor Area Ratio 5,000 0.300 0.450 0.550, 6,000 7,000 0.300 0.300 0.450 0.438 0.525 0.500 8,000 0.300 0.425 0.475 9,000 10,000 11,000 0.300 0.300 0.300 0.413 0.400 0.400 0.450 0.450 0.450 12,000 131000 0.300 0.300 0.400 0.400 0.450 0.45D 14,000 0.300 0.400 0.450 15,000 0.300 0.400 0.450 16,000 0.296 0.396 0.444 17,000 0.292 0.392 0.438 18.000 0,288 0388 0.432 19,000 0.284 0.384 0.426 20 000 0.280 0.380 0.420 21,000 0.276 0.376 0.414 22 000 0.272 0.372 0.408 231000 0,268 0.368 0.402 24,000 0.264 0.364 0.396 25 000 0.260 0.360 0.390 26,000 0.256 0.356 0.384 27,0 0.252 0.352 0.378 28,000 0.248 0348 0.372 29,000 0.244 0.344. 0.366 30, 000 0.240 0340 0.360 31,000 0.236 0.336 0.354 32,000 0.232 0332 0.348 33,000_ 0.228 0.328 0.342 34,000 0.224 0.324 0336 35,000 0.220 00320 0.330 36,000 0.216 0.316 0.324 37,000 0.212 0312 0.318 .38,000 0.208 0.308 0.312 39,000 0.204 0.304 0.306 40,000+ 0.20D 0.300 0.300 SECTION 3. Applications for construction of new two -story residential homes or for new two -story additions to existing homes filed with the ERPS prior to the enactment of Ordinance No. 03 -07 -1904 shall be grandf ithmed. Ord. No. 27 -07 -1928 SECTION 4. Applications for construction of new two -story residential homes or new two -story additions to existing homes requesting review by the ERPB after enactment of this ordinance shall comply with the requirements of this ordinance. SECTION S. In case conflicting regulations exist, the requirements set forth in this regulation shall apply. SECTION 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 7. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 8. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this a�day of N�" ' 2007 ZY T: ii -Y < n v v v I, LER K .-�4d� OR i 0 Commissionvote.•" 5 -0 READ AND APPROVED AS TO FORM: Mayor Feliu Yea Vice Mayor Wiscombe: Yea - Commissioner Palmer: Yea Commissioner Birts- Cooper: Yea — _ Commissioner Beckman: Yea aly RNEY '— 1st Reading: 8/21/07 2nd Reading: 9/4/07 p: \Comm ltems\2007\9-407\M0Mans10n Ordinance 8- 24- 2007PIanning Board Hearing.doo MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami. Mlami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI•DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PLANNING AND ZONING DEPT. PUBLIC HEARING -JULY 13, 2010 in the XXXX Court, was published in,said newspaper in the issues of 07/002010 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in and said is i-Dade Co my, Florida, each day (except Saturday, y Legal and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the' attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertiseme r publication in the said newspaper. q s Sworn to and sybser+bed afore me this (SEAL) V. PEREZ personally known to me itARIAI.MESA hfYC0h4hiIS81 ON, 4Db780170 "i �� EXplh}�g:f,s+thA12012 ea, WphVPW,Idry 9. CVatl6iW,l.tb ,x MEIA I IHLI.KJUAY,JULY ii, GVl I 'ea° NONCE OF PUBLIC WEARING CITY OF SOUTH MIAMI planning and Zoning impaI€ment. - ;, �; .6130 Sunset Pfivq; SouUt Miami, Flodda'33143. On Tuesday, 4uiy 13, 2010 at 7.30 PM.,the City of smayl, Mmmi Planning Board will oonductpubhc heanpgs bribe City Commission Chambers it the above address nn:thaiolldyyng items: PB -90- 05 fbpyttnued! - ,Applicant: '.City .of South Miami ' � An Ordinance of the Mayor and City Commission of the-City of South Miami, Florida, amending the Land Devalop aen§, Code by deleting Section 2U- 3.1(E) 'entitled "Business Outside a Ouilding'!,insetfinfln gv Bastion 20 -3.p M to,he entdled "Commerafat Activity Conducted Outside Of a.BUiiding" in order to ... 1. a teguiatiods.'for all I . mg tai; outside march prise display on private property and pubfio property; establishing limitations on type, location and extent.of outside nlerphand)se.display; provid)ng d process for obtaining permits; and providing for exceptions for certain permitietl uses; providing tor, severabliity; provviding for ord rieb6sfn conflict; zgitproviding an,eHectiv ®,date. P&ig -007 continued), Appticanf Cdy of south Miami •'r '-An or7inance of the Mayor and City Commission pf the Ci[y of Sodili Miami Ficrida, to amend Seetion 20 -3.5 (0) of it; Land�DevelopmontCgde enUt)ed . "Porintttea Use Schedule" m order to,chahgii file"Group Home 1 use category from''? I!P.'.' Put 110 usa rstegory to the "B" Special Use category; and amending Section 26-3A entitled "Special ysascUf`idlife s "'in order to set,forth genemi And special requiratarmw applicable to droup,Home.l uses; - providing,for saverzbgity; providing forardinendesfn an ict; and,providtpg an effective data. . Applicant Amefcan Car DetaOmg - Loceitlmi: '.7301 SW. 57th Court A Rmalution of file Mayor and City. Comimssmp attire City of South Miami, relating to a request pursuant to Section ZD -3.3t z o €the Land Devecifica it Code for speelai use approyat,ib oparate a incbiig car wasU'fn an "SR(HO -OW Sp !chit irtail (Hometown District Overlay) zoning district specigcaNY loc61ed inthe parkinggarage of Plana Won offfc@ building at'nill SW57th Cmrft and pio dii tor'an effective date:,.. P13-10-91 - ...- Applicar Cityof South Miami - An Ordinance of tine Mayor and City Commission of the Crty of soul fi Miami Ftortda, or in g the Land Devetopmant Cod 40h Section 70 3 5(L) enfipeB "Oimenafraid Standards Single remdy Districts! by traosferimg'01I imitator rate ted to two stery'smgte family,�siruafuros to extsfing Secfian 204s(fl) enli0ed "Speciaf dimensional and performance standardstor twd^stor'y aingte structure and twro -story atldittons ; andmaking technlcal,adjustMents to Section 20- 3.5(lf); provii ing for seineralit;by; prbvidtng for ordmancas in confiiat`p end prOVj ill' as effective date. - :...'. ":.'`. Local Planning Agency ' OR Tuesday; July 1,$h3, 2010. at 7:30 P.M., the City ot$opih Miami Planning Board acting in its capacity as the Local Planning Agency will conduct public hearings in he City . t.',emmiseiodambers atfhe abpve'adlress•o7t ihefollbwind amendments to the CompmhonslveP.lan Future Land Use Map:. . Applicant: Ciiypf South Miami Locaboir. 6820 SW 64 Avenue An Ordinance of file Mayor and City Commission of the City of South Miand Florida, amending tile Future Land Use Map of the South Miami Comprehensive Plan bf changing thafidum land use caiagoryJmam$fngle %Fam9y Residential (Two -Story) to Parks and Open Space for the property identified as All- America Park located at 6020 SW 64 Avenue {fond No g9- Ap25:00u- 8A3g); providing for save to ility; providing for ordinances in conflict; and providing an affection dale..; ' '8-1p 0 014 Applicant: City of South Miami Ldcafton 7800 $W 59 Avenue r , . An Ordinance'of the May'er and City Oemmisshm of the Of Y of South Miami Florida, amendmg the Future Land Use Map of the property identified Comprehensive `Planbychangfngthe.futurelard use aategsl:y irom,5ingie- Family Residential (Two* Parks and Open Spacefoinabpm; providing ordinances in Padc located at780D SW 59 Avenue (Kolio 09-4!!36- 039.0920 and Folio No. 09, 4036-039 - 0025); providing for severabilitq; providing for ordinances In, conflict and providing an effective Jafe, "',' - App6canh City of South Miami ., Location; 8051 SW58AVenue ;1 An Ordinance of,lhe'Mayor and City Commission of the City of South Miami Florida; amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Bingle -Femtty Residential (two - Story) to Parks and open Space for the pmpeflyldentified as Risen Park located M S051 SW 5o Avenue (Folio No. 00. 4036 -000- 0520); providing for severability; providing for ordinances id conflict; and providing art effective data. Applicant:. City 01 Soulh Miami - Location: 7435 6W 60 Avenue Aardinanca of the Mairot and City cam rnmaloit of the City of Bunth Miami Florida, amending the Future Lear! Use Map of the South Miami Comprehensive Plan, by changing the future land use category from, Eddcatlodat (Four - Story). to Singte- Family Residantiaf (Two. Sfoty) for the pToparty identified as the Father residence located at 7435 SW 66 Avenue (Foflo tvo.09= AO$6,050•CD20)) pigjOhibl for severahility; providing for ordinances ih`,bonflicl; and providing an effectwa date. -: All interested parties are urged tb'attend. Objections or expressions of approval may be made in person at the hearing or flied in writing prior to a at the heartily: The Planning Board casefve' the right to rebommend'to isle City Commission whatever the board considers In the best . interest for the area involved. Interested parties .requesting iniormavon are,asked to conhi tthe planning and Zoning Department by calling $05 - 663-6326 orwriting to the address Indicated above. . You are hereby advised that ifany person desires to Want any dectsion made with respaat tsany matter considered at this meeting or hearing, such person will fad a record of the proceedings, and for such purpose may maid to ensure that verbatim record of the proceedings is made, which recotd Writes the testimony and evidence +upon Which ihe appeal is to be based (RS: 286.6105), Refer to hearing number when making any inquiry. CITY OF SOUTH MIAMI DRAFT PLANNING BOARD Regular Meeting MEETING MINUTES 0 Tuesday, July 13, 2010 a City Commission Chambers 7:30 P.M. tn�� EXCERPT t I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 9:20 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr. Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beekman. Board members absent: None City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Secretary). Deputy City Attorney: Mr. Mark Goldstein III. Administrative Matters: No Administrative Matters IV. Planning Board Applications/Public Hearings PB -10 -012 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards Single .Family Districts" by transferring all provisions related to two story single family structures to existing Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions "; and making technical adjustments to Section 20- 3.5(H); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Yates read the item into the record. Planning Board Meeting July 13, 2010 Page 2 of 3 Mrs. Cabrera - Hernandez informed the Board that the item is a technical amendment clarification to the Land Development Code. This is being done to avoid a design conflict and to provide consistency within the Code. LDC Section 23.5 (E) entitled "Dimensional Standards Single Family Districts ", regulates dimensional standards for both one -story and two -story design single family districts and must be consistent with Section 20- 3.5(H), entitled "Special dimensional and performance standards for two -story single structure and two -story additions ". In 2007, this later section was added to the Land Development Code by Ord. No. 27 -07 -1928. Currently, the Land Development Code Section 23.5 (E), allows for the second floor a sixty percent maximum building coverage for the first floor for all single - family zoning districts. This is no longer applicable since Section 23.5 (H) overrides with more restricted design guideline and dimensional requirements for two -story single family structures. Staff is recommending that in order to avoid a potential design conflict, provide consistency within the Code, and have a clear distinction as to the dimensional requirements between a one -story and a two -story single - family residential design regulation, minor revisions are being proposed to Sec. 20 -3.5 (A), (C), (E) and (H). Mrs. Yates questioned if this item was a public hearing. Mr. Goldstein responded that it is a public hearing, but not a quasi-judicial hearing. The Chair opened the public hearing. No speakers The Chair closed the public hearing. Mrs. Young questioned the Special Dimensional Standards. Mrs. Cabrera - Hernandez responded that was a portion that was added to the Land Development Code at a later date. She commented that Section 23.5 is labeled (H) since all the other letters are taken previously. Mr. Morton questioned if the floor area ratio is reducing the buildable area, was that the intent. Mr. Vageline replied that when the Code was changed to add (H) a few years ago it created a conflict with certain sections of the Code. What was found was that applicants would come in to review a proposed single- family home plan they would discover that the second floor requirement was sixty percent of the first floor. Then drawings were incorrect since they did not look at the table in (H) section. If the issue is clarified, the numbers will all be in one place that should be easier for the applicants. Motion: Mrs. Beckman moved to defer the application in order to review the item. Mr. Whitman seconded. Vote: 1 Ayes 5 Nays Mr. Whitman commented that table one on page eight is inconsistent with (b) for Minimum Setback requirements. Mrs. Yates responded that if the individual is building on a new lot the setback has to be 10 feet on the second floor. However, if you're in an existing old building the Planning Board Meeting July 13, 2010 Page 3 of 3 dimensions would be 7.5. Mr. Vageline commented that section (b) comes from the old Dimensional Requirements for a one story building in the single family residential districts. Mr. Morton commented that wording "new lot" needs to be changed to vacant. Mrs. Beckman questioned what is a pre - existing improved lots. Mrs. Yates commented that it is an existing lot with a building that could have additions made. Mr. Cruz commented that there could be some modifications instead of deferring the item. Mrs. Yates commented that there needs to be clarifications and make sure it is correct. Motion: Mr. Cruz moved to approve the proposed amendment as presented. Mrs. Young seconded. Vote: 5 Ayes 1 Nays (Mrs. Beckman) V. MINUTES: Minutes of the June 15, 2010 will be distributed at the next meeting. (Tuesday, August 10, 2010). VI. Adjournment: Action: There being no farther business before the Board, Mrs. Yates adjourned the Planning Board meeting at 11:30 P.M. 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