Ord. No. 03-07-1904ORDINANCE NO. 0 3- 0 7 -19 0 4
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
DEVELOPMENT REGULATIONS APPLICABLE TO
DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION
OF A STUDY RELATING TO "MC MANSIONS "; STAYING ALL
RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR
THE THREE MONTH PERIOD TO COMPLETE THE STUDY
AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY
ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR
WAIVER PROCESS; AND EXPANDING THE POWERS OF THE
ERPB BY AMENDING SUBSECTION 20- 6.l(C)(3)(f); PROVIDING
SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE
DATE.
WHEREAS, there has been much discussion and debate over the past number of
months regarding the construction of new single family residential structures and additions
to existing single family residential structures that appear to be too large for the building
sites they occupy; and
WHEREAS, it is believed that the aforesaid new construction and improvements
to existing single family residences are only the beginning of a trend that could increase as
the older single family residences in the City are sold for demolition or reconstruction; and
WHEREAS, the City Administration and the City Commission are concerned
that the construction of these larger structures ( "MeMansions ") within established
neighborhoods, adjacent to long standing smaller single family residences, is contrary to
the established "character" of the neighborhoods in which they are located; and,
WHEREAS, the City Manager has requested that certain preliminary study and
research materials and an amendment to the Land Development Code be prepared and
presented to the City Commission for review discussion and adoption; and
WHEREAS, the City Manager, staff and the Planning Board have initiated a
comprehensive review of the existing regulations; and,
WHEREAS, in conjunction with the review it is also appropriate to provide
temporary limitations, restrictions and prohibitions in regard to the issuance of building
permits for the activities under study, due to the potential detrimental impact upon the
existing neighborhoods of the City; and,
Additions shown by underlining and deletions shown by ever-striking.
Ord. No. 03 -07 -1904
WHEREAS, although the City Commission is fully cognizant and respectful of the
rights of the owners of single family residential properties in the City, the City Commission
has determined that the potential for severe and detrimental consequences to the existing
single family zoning districts of the City is realistic and likely if the unregulated
construction of "McMansions" within the City is permitted to continue, and that the
institution of an Interim Development Regulations is both required and justified at this time
in order for a proper review and study of the problem and related issues to be conducted.
WHEREAS, the Planning Board at its December 12, 2006 meeting, after public
hearing, adopted a motion by a vote of 6 ayes 0 nays recommending that the proposed
ordinance be disapproved.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. No building permits shall be issued for the construction of new, or
for additions to existing single family residential structures, which construction shall
result in the creation or addition of a second floor to the single family structure.
Section 2. For a building permit to be issued for either a new, or for an
addition/remodel to a single - family structure, the structure shall comply with the
dimensional requirements contained in section 20 -3.5 (E) of the South Miami Land
Development Code.
Section 3(A). The City Commission may waive the second story construction
prohibition contained in this Interim Regulation if the proposed project, including site
plan and specifications, is brought before the Environmental Review and Preservation
Board (ERPB); the ERPB determines that the proposed structure complies with the
applicable sections of the Land Development Code and the City Commission after public
hearing determines that:
{a) the interim regulation imposes undue hardship on the applicant; or
(b) the development proposed by the applicant will not:
{i) result in a material diminution of the privacy of adjoining
residential properties; and,
(ii) will not result in an obvious departure from the aesthetic
character of the immediate vicinity taking into account
existing structures and open space; and,
(iii) the proposed structure will have no more than a de minimus
impact on the use and enjoyment of the adjoining parcel; or
Page 2 of 4
Ord. No. 03 -07 -1904
(c) the applicant is proposing to mitigate the effect of the
redevelopment by providing adequate safeguards which the
Commission finds would adequately mitigate any detrimental
impact to the neighborhood.
Section. 3 (B). The applicant for a waiver bears the burden of establishing
sufficient evidence necessary to prove that the criteria contained in Section 3(A) have
been satisfied.
Section 3 (C). An application for a waiver must be filed in conjunction with the
ERPB application. The application for waiver shall be filed with the Planning
Department on a form provided by the director and must include the following
information:
(a) the name and address of the applicant;
(b) the address and legal description of the property;
(c) evidence to support the criteria in Section 3(A); and
(d) other information that the director may reasonably require to
evaluate the waiver application.
Section 3 (D). The director shall make a recommendation to the ERPB and City
Commission on each application for waiver.
Section 4. Section 20- 6.1(C)(3)(f) is hereby amended, to temporarily expand
the powers of the Environmental Review and Preservation Board (ERPB), to authorize
the ERPB to review all single family residential additions /remodels or new construction,
which propose the addition of the second floor. The ERPB in conducting such review
shall implement the criteria established in this interim regulation.
Section 5. Nothing in this ordinance should be construed or applied to
abrogate the vested right of a property owner to develop or utilize his /her property in any
other way commensurate with zoning and other regulations, including any required
renewal of permits for existing legally erected premises. All site plans and building
permits already being reviewed (prior to final passage of this interim regulation) by the
City of South Miami's Department of Community Development or having received
development approval may proceed forward and shall not be required to comply with this
interim stay regulation.
Section 6. EXPIRATION.
This ordinance expires May 5, 2007
Section 7. SEVERABILITY.
Page 3 of 4
at 11:59 p.m.
Ord. No. 03 -07 -1904
The provisions of this ordinance are severable. if a provision of this ordinance or
its applications to any person or circumstances is held invalid, the invalidity does not
affect other provisions or applications of this ordinance.
Section S. EMERGENCY DECLARED; EFFECTIVE DATE.
The City Commission finds that the continued development of large single- family
"McMansions" will negatively impact residential district within the City and that it is
necessary to study and develop standards and regulations that protect the character of the
residential communities. The City Commission further finds that this type of
construction constitutes an emergency requiring the implementation of this interim
regulation.
Section 9. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this `, day of 2007.
ATTEST:
Y CLERK
1 / 2 310 717irst Reading
2 / 0 7 / 0 7Second Reading
READ AND APPROVED AS TO FORM:
APPROVED:
r
MAYOR
COMMISSION TE: 5 -0
Mayor Feliu:
yea
Vice Mayor Wiscombe:
Yea
Commissioner Beckman:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
P:1Comm Items1200711- 9- 071LDC Amend Second Story Moratorium.doc
Page 4 of 4
South Miami
A[I- AmeduaCHY
CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 200E
To: The Honorable Mayor Feliu and Members of the City Commission
s
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct
Date: February 6, 2007 ITEM No.
Subject: A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO
DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS"; STAYING ALL
RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE THREE MONTH
PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION;
PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB
BY AMENDING SUBSECTION 20- 6.1(C)(3)(t); PROVIDING SEVERABILITY ORDINANCE IN
CONFLICT, AND AN; EFFECTIVE DATE.
Background:
During the past year there has been considerable discussion and debate regarding the construction of new single
family residential structures and additions to existing single family residential structures that appear to be too large
for their building sites and contrary to the established small scale "character" of the neighborhoods in which they
are located. It is expected that this trend could increase as the older single family residences in the City are sold for
demolition or reconstruction. In response to this situation the City Manager has requested that a study be initiated in
order to prepare an amendment to the Land Development Code to be presented to the City Commission for review and
possible and adoption. This review and discussion has already been imitated by the Planning Board which has
conducted two workshops on the issue beginning in October.
In conjunction with the on -going review the City's Vice Mayor has suggested that it would be appropriate to provide a
temporary prohibition in regard to the issuance of building permits for two story residences, due to the potential
detrimental impact upon the existing neighborhoods. Attached is a proposed ordinance prepared by the City Attorney
providing for the prohibition on second story home construction during an eight month period.
Proposed Legislation
The attached draft ordinance provides a temporary prohibition on the construction of new single family homes
which are two stories or second story additions to existing single family homes. The prohibition is to last eight
months by which time it can be expected new regulations may be adopted impacting second story homes. The
ordinance also provides for an interim procedure which property owners could select in order to proceed with
construction during the prohibition period.
PlanninjZ Board Actions
The Planning Board at its meeting on December 12, 2006 adopted a motion by a vote of 6 ayes 0 nays
recommending that the proposed ordinance be disapproved. The Planning Board members felt that an eight month
prohibition was too long and that revised legislation addressing the McMansion issue could be done on a faster time
(2)
schedule. The Board then adopted a motion by a vote of 6 ayes 0 nays recommending that the members of the
Environmental Review and Preservation Board and the Planning Board work together as a task force in order too
prepare the appropriate amendments responding to the McMansion issue.
Recommendation:
The City Commission considered this legislation on first reading at its meeting on January 9, 2007. The ordinance
was approved with the change that the interim regulations would be in affect for three months. It was agreed that
the City Commission would be directly involved with the creation of new regulations by conducting a series of four
workshops (one per month, two in the third month) with the Planning Board, the ERPB and Historic Preservation
Board jointly, citizens, and then all interested parties.
It is recommended that the proposed ordinance be adopted on second reading.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report 12/12/06
Planning Board Meeting Excerpt 12/12/06
ERPB Statement 12/12/06
Miami Springs Ordinance
Public notice
JP /SAY
P:1Comm Items1200712- 6- 071PB -06 -039 Second Story Morat CM Report.doc
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, February 6, 2007, beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, the
City Commission will hold Public Hearings to Consider
the following items:
C AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT REGULATIONS
APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY
RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL
CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGII THREE MONTH
PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION;
PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW
BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER
PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
SUBSECTION 20- 6.1(C)(3)(f).
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -7.30 AND 20 -8.15 RELATING TO UNITY OF TITLE; PROVIDING
FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A
MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF
FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT
7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT THE PURPOSE OF THE
VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE
BUILDING.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY
CAFE IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE).
A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY
OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE
EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING
SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 Fr. OF LOT
78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE)
AND THE EAST 1/2 OF LOT 79, (5016 SW 63rd STREET) BLOCK 14,
FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34,
PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
Above items can be inspected in the City Clerk's Office, Monday - Friday
during regular office hours.
If you have any inquiries on the above items please contact the City Clerk's
office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need a
record of the proceedings, and that for such purpose, affected person may need to
ensure that a.verbatim record of the proceedings is made which record includes the
tettiriianyGand evidence ,upon which the appeal . isto be based':
NEIGHBORS CALENDAR
• CALENDAR, FROM 46
story: 6:30 -8:30 p.m. Wednesdays
Jan. 31 -March 21;
• Writing Mysteries and Crime Fic-
tion:6:30 -8:30 p.m. Thursdays Feb.
1 -March 22;
• When Silence Speaks- Poetry and
the Promised Land: 6:30 -8:30 p.m.
Thursdays Feb. 1 -March 22;
• Writing Flash Fiction, Subversive
Fiction and Magical Realism: 6:30-
8:30 p.m. Feb. 1 -March 22,
Introduction to Nature Writing -Re-
sponding to Our Environment;
Everything from grammar to the writ-
ing process to a sampling of favorite
nature authors are covered in this
course. Practice developing a style
while discovering content and inspi-
ration to nature while working in a
nature preserve; 1-3 p.m. Saturdays,
Feb. 3 -17; The Environmental Center
at Miami Dade College - Kendal 1, 11011
SW 104th St., Kendall; $4S. To reg4s-
Miracle MITE
ter, call 305- 237 -2600 or go to
Club: lmprc
mdc.edu /kendall /ce and click on
as a better s
Environmental Center; use reference
tener and ei
number 411789.
1:30 p.m. Th
Reflective Writing: Learn journaling
Miracle Mile
and writing techniques for personal
lunch fee: $
growth and healing; 7:30 -9 p.m. Mon-
786 - 399 -9E
days; South Miami Hospital, 6200 SW
maya@eart
73rd St., South Miami; $10 per session.
Practical SF
786- 662 -$200. _
the book cic
USA Dance Iric.E Ballroom dance les-
ton's The Bi
sons from the nonprofit organization;
9:30 -11 a.m.
7 -9 p.m. Mondays; South Miami
and Noble,'
Lutheran Church, 7190 Sunset Dr.,
Kendall; fre
South Miami. 305- 387 -1342.
Rotary Clut
Palmetto B
CLUBS /MEETINGS
ings;12a5p
Roma's,188
Kendall Professional Group: Business
Bay; $10. Q
networking and referrals; noon first
305 - 252 -4E
Thursday; Steak and Ale Restaurant,
305- 323 -2E
9090 SW 97th Ave., West Miami-
South Dadi
Dade; first meeting free. Call Ira Marks
The club's e
at 305- 387.3474.
tion include
The Community Image Advisory Board (CIAB) invites yc
poster to "Clean Up and Green Up" our community. Be er,
the slogan as part of a poster design. Include your naln
grade, home address, phone number or email on the back
Elem/MidlHigh School Prizes
(prizes for each school level)
tst Place - XBOX 360
2nd Place - IPod Nano
3rd Place -
Elementary: 4 tickets to Disney World
Middle /High: 4 tickets to
Universal Islands of Adventure
Entries Due 5 :00
Thursday, Febru
Submit entries to: Clean
Poster
c/o Th
Aft: NI
Miami
Ail artwork must be odginat, not derivative and not generated by computer. You may use any medium except
nat be returned. Artwork cannot be any larger than 1417. All entries become property of the Miami Herald, C
Board and Newspaper in Education.
QAEATER AM]
MIAiMFDADE , CONV NTIONa �\ _
i� Y€SITON38l3NEAlf- -
.
CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Sanford A. Youkilis
Acting Planning Director
Date: December 12, 2006
Re: Interim Regulations for Two
Story Residences: LDC Amendment
PB -06 -039
Applicant: City of South Miami
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI; FLORIDA, ESTABLISHING INTERIM DEVELOPMENT
REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE
FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A
STUDY RELATING TO "MC MANSIONS "; STAYING ALL RESIDENTIAL
CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGHT MONTH PERIOD TO
COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY
COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING
THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C )(3)(f);
PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE
DATE.
SUMMARY OF REQUEST
The proposed legislation provides a temporary prohibition on the construction of new
single family homes which are two stories or second story additions to existing single
family homes. The prohibition is to last eight months by which time it can be expected
new regulations may be adopted impacting second story homes. The ordinance also
provides for an interim procedure which property owners could select in order to proceed
with construction during the prohibition period.
BACKGROUND
During the past year there has been considerable discussion and debate regarding the
construction of new single family residential structures and additions to existing single
family residential structures that appear to be too large for their building sites and
contrary to the established small scale "character" of the neighborhoods in which they are
located. It is expected that this trend could increase as the older single family residences in
the City are sold for demolition or reconstruction. In response to_ this situation the City
2
Manager has requested that a study be initiated in order to prepare an amendment to the
Land Development Code to be presented to the City Commission for review and possible
and adoption. This review and discussion has already been imitated by the Planning Board
which has conducted two workshops on the issue beginning in October.
In conjunction with the on -going review the City's Vice Mayor has suggested that it would
be appropriate to provide a temporary prohibition in regard to the issuance of building
permits for two story residences, due to the potential detrimental impact upon the existing
neighborhoods. Attached is a proposed ordinance prepared by the City Attorney providing
for the prohibition on second story home construction during an eight month period.
Attachments:
Draft Ordinance
Copy of Public Notices
SAY
P:1PBIPB Agendas Staff Repor&2006 Agendas Staff Reports112- 12- 061PB -06 -039 Second Story Morat
Report.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, December 12, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
Action. The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chair, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis,
Ms. Lahiff, Ms. Young and Mr. Farfan.
Board members absent: Ms. Yates
City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Luis Figueredo
(City Attorney), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board
Secretary).
IV. Planning Board Work Program (McMansions)
Discussion with the Chairman and other members of the Environmental Review and
Preservation Board (ERPB) on their role in reviewing oversized single family
residences
Mr. Youkilis advised that members of the ERPB were invited to discuss the moratorium
ordinance and the McMansion issue. Ms. Lahiff moved to take Item 4A out of order. It was
seconded by Ms. Young. The motion was adopted by a vote of 5 ayes 1 nay (Ms.
Beckman)
Ms. Beckman asked if there was a Sunshine law problem with the ERPB members being in
attendance. The City Attorney advised that this item will not be before the ERPB, therefore
there is no problem. Mr. Youkilis advised that a notice of their attendance had been posted.
Mr. Morton invited the ERPB members to comment.
Planning Board Meeting
December 12, 2006
Page 2 of 5
Mr. David Trautman, Chair of the ERPB distributed a two page position statement
prepared by one of its members. (see attached) He explained that the Board feels that there
is nothing bad about two story homes and that they are part of the character of South
Miami neighborhoods. He also explained that the draft ordinance should allow an applicant
to appeal to the City Commission if the Board denies a waiver request. The ERPB also felt
that the terra "undue hardship should be defined. The document also contained a number of
suggested amendments to the LDC to improve the role of the ERPB in reviewing design.
Ms. Beckman felt that architects have contributed to the McMansion problem. Mr.
Trautman responded that it is the Code and economics which has effected the design of
buildings. He felt that the ordinance actually expands the review power of the Board and
would give them legal authority to say no to inappropriate second story buildings and
therefore the Board supports the ordinance.
City Attorney Figueredo explained that the proposed ordinance is not a moratorium; it is
an interim measure which will require a special review of second story homes for a period
of time until permanent amendments to the LDC can be adopted.
Mr. Morton felt that it was not appropriate to allow this review without some criteria in.
place. He also felt that the eight month period to develop the amendments was too Iong and
that this subject should be allowed to linger. Ms. Beckman also felt that there should be
criteria in the ordinance which would help the ERPB to act on waiver requests.
Ms. Carol Marks, a member of the ERPB commented on the draft ordinance. She felt that a
definition of "undue hardship" was needed, and that an a ERPB denial should be allowed
to be appealed to the City Commission.
III. Planning Board Applications / Public Hearing
PB-06 -039
Applicant: City of South Miami
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS
APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY
RELATING TO "MC MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION
OF TWO -STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE
STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAVER OF THE
CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION;
PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS
OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f); PROVIDING
SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE.
Action: Ms. Beckman read the ordinance into the record. Mr. Youkilis explained that during
the past year there has been considerable discussion and debate regarding the construction
of new single family residential structures and additions to existing, single family
residential structures that appear to be. too large for their building sites and contrary to the
established small scale "character" of the neighborhoods in which they are located. It is
Planning Board Meeting
December 12, 2006
Page 3 of 5
expected that this trend could increase as the older single family residences in the City are
sold for demolition or reconstruction. In response to this situation the City Manager has
requested that a study be initiated in order to prepare an amendment to the Land
Development Code to be presented to the City Commission for review and possible and
adoption. This review and discussion has already been imitated by the Planning Board which
has conducted two workshops on the issue beginning in October_ In conjunction with the on-
going review the City's Vice Mayor has suggested that it would be appropriate to provide a
temporary prohibition in regard to the issuance of building permits for two story residences,
due to the potential detrimental impact upon the existing neighborhoods.
Mr. Youkilis stated that attached is a proposed ordinance prepared by the City Attorney
providing for the prohibition on second story home construction during an eight month
period. The proposed legislation provides a temporary prohibition on the construction of
new single family homes which are two stories or second story additions to existing single
family homes. The prohibition is to last eight months by which time it can be expected new
regulations may be adopted impacting second story homes. The ordinance also provides
for an interim procedure which property owners could select in order to proceed with
construction during the prohibition period
During discussion Ms. Young felt that this type of legislation is convoluted, the wording
not clear, and that the ERPB was being given too much power. She resented not receiving
the ERPB statement in advance. Mr. Youkilis explained that the use of interim legislation
was very common and that some cities have already instituted McMansion moratoriums.
(see attached Miami Springs ordinance)
Chairman. Morton then opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Christopher Cook - Yarborough 6807 SW 64 Ave. -- - - - - --
Mr. Cook - Yarborough suggested that due to costs an applicant should be able to present
preliminary designs to the ERPB. He also felt that the ERPB should be part of the effort to
come up with new legislation.
David Tucker 6556 SW 78 Terrace Support
Mr. Tucker felt that the City was really a community of small single family one story
homes.
Bob Welsh 7437 SW 64 Court Support
Mr. Welch felt that the ERPB should notify neighbors when a residential home is being
built; he was also worried that some ERPB members were also involved in building two
story homes therefore their involvement would not be appropriate. He supported the
ordinance and farther felt that criteria was needed to insure that second story homes do not
invade a neighbor's privacy.
Planning Board Meeting
December 12, 2006
Page 4of5
Cathy McCann Oppose
Ms. McCann felt that the ordinance should not be adopted because of the lack of criteria.
She explained that it is too small of setbacks which causes the problem not second story
homes.
Bobbi Goldin 6561 SW 76 Street support
Ms. Goldin lives next to a second story home and it has been disturbing.
Henry Bernstein 7661 SW 65 Pl. Oppose
Mr. Bernstein stated that he supports two story homes if they are well designed and fit in
with the neighborhood.
Tim Downey 6551 SW 76 Street Support
Mr. Downy supported the proposed ordinance; he felt that new legislation was needed.
Mikha Adia 7721 SW 61 Ave. Oppose
Mr. Adia stated that he finds nothing wrong with two story homes and the City should not
limit their construction.
Luis Brionnes 5760 SW 81 Street ----------
Mr. Brionnes stated that he loves living in the City of South Miami.
Chairman Morton closed the public hearing.
During discussion Ms. Beckman stated that she felt that the revised legislation should be
developed quickly, eight months was too long. She felt that the ERPB should hold public
hearings and their meetings broadcast.
Ms. Young asked about the Department of Community Development. Mr. Youkilis
advised that it did not exist and that reference to it in the ordinance should be changed.
Mr. Farfan felt that the ordinance was convoluted and should not be adopted.
Mr. Morton felt that the revised regulation should be drafted at public workshops with the
Planning Board and the ERPB within a two month period. He hoped that the Commission
would accept this as an alternative instead of the proposed ordinance. Mr. Youkilis advised
that the preparation and adoption of revised regulations could not be done in two months
and that it was the City Commission's role to decide on a time table.
Motion: Ms. Young made a motion recommending denial of the proposed ordinance. Ms.
Davis seconded the motion. Vote: Ayes 6 Nays 0
Motion: Mr. Morton made a motion recommending an alternative to adopting the
ordinance, that being the creation of a joint Planning Board and ERPB Task Force to
prepare in a two month period the needed LDC amendments related to McMansions. Ms.
Young seconded the motion. Vote: Ayes 6 Nays 0
Planning Board Meeting
December 12, 2006
Page 5 of 5
The City Attorney explained that the ordinance would not come before the City
Commission until its January meeting. He offered to bring this issue up at the next meeting
of the City Commission in order to see if there was any Commission interest in expediting
the amendment preparation process.
PAComm Items12 0 0 711- 9 -0 71PB MNS 12 -12 -06 Excerpt 06- 039.doc
. December 12, 2005
City of South Miami Planning Board
City of South Miami, Florida
Re: Memansions in South Miami
Dear Members of the Planning Board,
Thank you for your invitation for our input on the sensitive issue of large homes
in South Miami.
We have reviewed the proposed "McMansions" ordinance, The special report
No.2 "Oversized Single Family Homes" dated 11 -14 -46 and Commissioner Jay
Beckman's memorandum to acting Planning director Sandy Youkilis dated 11 -27-
06.
The following represents -our comments to the proposed ordinance concerning
two -story residential construction and related issues.
A. General statement.
We support and would like to be a part of the review of the South Miami Code
concerning large homes. We believe that two -story homes can help to preserve the
character of South Miami's residential community. In comparison to a single story home
with the same floor area ratio. two -story homes allow for more compact building
footprints and greater green areas. in addition, two -story homes are more energy
efficient as they have less exposed roof areas. To reiterate Commissioner Beckman's
memo: "The best neighborhoods can contain an eclectic sample of houses" We believe
two -story homes help to create a built environment of variety and interest.
B. - Comments on proposed ordinance.
We propose that Section 3(A) read:
The City Commission may waive the second story construction prohibition in this interim
regulation if the proposed project, including site plan and specifications, is brought before
Environmental Review and Preservation Board (ERPB) and receives a recommendation
for approval. if the proposed project is denied ERPB approval, the applicant may appeal
the decision with the City Commission. The City Commission after a public hearing shall
make the fing decision to waive the second story construction prohibition.
Section 3(A) (a) "undue hardship" needs to be defined.
a� -c propose tbatSection-4:_ read:_ -,— - _- .._ —. — R�- - -- - -- —= - _ �.
Section 20- 6.1(c)(3)(f) is hereby amended, to temporarily expand the powers of the
Environmental Review and Preservation Board (ERPB), to authorize the ERPB to review
all single family residential additions /remodels and new construction. The ERPB in
conducting such review shall implement the criteria established in this interim regulation.
Section 5.
The "City of South Miami's Department of Community Development" shall be replaced
with" Environmental Review and Preservation Board (ERPB)"
C. General Recommendations to Planning Board.
1. All residential projects submitted for permit shall be signed and sealed by a
registered Florida architect.
2. The ERPB shall review all exterior residential additions and alterations regardless
of scope of work.
3. The energy efficiency of larger homes shall be considered as part of the study
concerning two -story homes.
4. Landscaping shall be considered as part of the study concerning two -story homes_
Thank you for your time and attention to these comments.
Sincerely,
David Trautman, Chairman, Environmental Review and Preservation Board
Giorgio ME, Member, Environmental Review and Preservation Board
Jason R. Chandler Member, Environmental Review and Preservation Board
JRt3 05 2007 10:54AM HP LASERJET 5200
ORDINANCE NO.
p.2
Agenda Item No. 19
-2007 City Councll Meeting of:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI SPRINGS AMENDING CODE OF ORDINANCE
SECTIONS 150 -041, R -1A DISTRICT, 150.042, R -1B
DISTRICT; 150.043, R 1 C DISTRICT, AND 150 -044, R-11)
DISTRICT, TO PROVIDE NEW BUILDING HEIGHT
LIMITATIONS, LOT COVERAGE RESTRICTION, AND SIDE
YARD REQUIREMENTS FOR TWO-STORY STRUCTURES;
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE
DATE
WHEREAS, there has been much discussion and debate over the past number of months
regarding the construction of new single family residential structures and additions to existing single
family residential structures that appear to be too large for the building sites they occupy; and,
WHEREAS, it is believed that the aforesaid new construction and improvements to existing
single family residences are only the beginning of a trend that could increase as the older single
family residences in the City are sold for demolition or reconstruction; and,
WHEREAS, the City Administration and the City Council are concerned that the
construction of these larger structures ( "McMansions ") within established neighborhoods, adjacent
to long standing smaller single family residences, is contrary to the established "character" of the
neighborhoods in which they are located; and,
WHEREAS, the City Council has previously enacted an Administrative Building
Moratorium on October 2, 2006, in order to provide a period of time to study the various issues
involved in controlling the development of McMansions; and,
1 Qrdira=e No. -2007
JRN 05 2007 10:54nm HP LA3ERJET 3200
WHEREAS, on October 23, 2005, the City Council terminated the moratorium and
determined to study the McMansion issues in the normal course of City business; and,
WHEREAS, the City Council conducted a Workshop Meeting on November 1, 2405,
in order to discuss and suggest revisions to the existing City Zoning Code which would lessen or
resolve the various McMansion issues that were impacting the City; and,
WHEREAS, the City Council has determined that the following amendments to the
City Zoning Code of Ordinances will provide relief from the various negative impacts being
experienced by McMansion development in the City:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI SPRINGS, FLORIDA:
Section 1: That Code of Ordinance Sections 150 -041, R- 1A District, 150-042, R -1B
District, 150 -043, R- 1C District, and 150 -044, R -ID District are hereby amended as follows:
SECTION 150 -041. R -1A District
(A) .............
(13) a limit- The neximein building, -height ef inain buildiags sha14 be
B Building hei htlirnit.Thernaximumhei height
feet shall be fifteen 15
feet for single story structures and thirty (30) feet for two story structures.
(C) Building site area required; lot coverage restriction. The minimum building site
area shall be one lot or parcel of land 10,000 square feet in area for each single- family dwelling. The
parcel shall have a minimurn average width of at least 75 feet. In addition, the lot coverage for main
2 Ordinance No. -2007
p.3
JAN 05 2007 10:54AM HP LASERJET 3200
D itAFT
i
buildings additions and detached structures whether of single or two-story confi ation shall be
limited to fifty (D %� cent of the Prop site.
(D) ............
(E) ............
(1) ..........
(2) Side yards required for new two -story structures to be built on vacant
property sites bufidiags. , The
width of the required side yards for new two -story structures to be built on
vacant DM2= sites Wi4diRg shall be ten percent ofthe average width of the
lot on the first floor level, plus an additional twe aad ene half feet, ten (IQ)
Dement of the average width of the lot as a side set back indentation of the
second -sto from the first floor of the structure provided that in no case
shall each side yard be less than ten fifteen feet in width. Side yards adjacent
to streets shall be not less than 15 feet. 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.
(3) Additional side ward required for two -story additions to existing
structures. All second story additions to existing single family structum . shall
be r2quired to Provide an additional ten percent of the average width of the
lot as a side setback indentation of the second-stoKy from the existing first
Boor of the structure, provided that in no case shall each second story side
yard setback indentation be less than seven and one half feet.
3 Ordinance No. -2007
p.4
JAN 05 2007 10:54AM HP LASERJET 3200
(3) (41 Exception& to additional side yard re uired Lor two-sto1y additions to
existin structures. -...
No additional side -yard setback indentation of the second-stog from the
existing first floor of the structure shall be required for the side yard of the
structure that abuts' a street. The additional side yard setback indentation
shall continue to be required for the interior side yard of the 2roRm ty for the
second-sto ry addition.
r ^�
The sesend stefy .,ddifie,-, is 4ee t o in sueh
4 Ordinance No. -2007
P. 5
JRN 05 2007 10:54AM HP LRSERJET 3200
(5) (d) The provisions of sub- section (e) (4) above shall also be
applicable to all appropriate instances of reverse frontage that may
exist.
(F) ............
(0) ...........
(H) ...........
SECTION 150 -042. R 1B District
_ 14rl f� W�S1!�]I �TS�1ZYat- 1 -1�1 -� WAIM it. +s�_•_r.
(B)13uilding height limit. The maximum height of main; buildings shall be fifteen (15)
feet for single story structures and thirty 30 feet for two story structures.
(C) Building site area required,• lot coverage restriction. The minimum building site
area shall be one Iot or parcel of land 7,500 square feet in area for each single - family dwelling. The
parcel shall have a minimum average width of at least 75 feet. In addition, the lot coverage for main
buildings, additions, and detached structures, whether of side or two -story configuration. shall be
limited to fifty (50 %) percent of th "roperty site.
(D) ............
(E) ............
5 Ordinance No. -2007
P.0
JAN 05 2007 10:54AM HP LRSERJE7 3200
(1) ..........
(2) Side yards required for new two -story structures to be built on vacant
property sites btilgs. , The
width of the required side yards for new two -story structures to be built on
vacant property site cgs shall be ten percent of the average width ofthe
lot on the first floor level, plus an additional , ten 10
percent of the average width of the lot as a side set back indentation of the
second- story__from the first floor of thestractLre provided that in no case
shall each side yard be less than tea fifteen feet in width. Side yards adjacent
to streets shall be not less than 15 feet. 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.
(3) Additional side ygLd r uired for two -sto additions to existin
structures. All second story additions to existing single family structures shall
be required to provide an additional ten percent of the average width of the
lot as a side setback indentation of the second -stazy from the existing first
floor of the structure, provided that in no case shall each second storyy side
yard setback indentation be less than seven and one half feet.
(3) (4) Exceptions to additional side yard nWuired -for two -story additions to
existing structure.
No additional side yard setback indentation of the second -story from the
existing_first floor of the structure shall be required for the side yard of the
6 Ordinance Na. -2007
P- 7
JAN 05 2007 10 :54AM HP LRSERJET 3200
DRAFT
structure that abuts a street: The additional side yard, setback indentation
shall continue to be required for the interior side yard of the property for the
second -story addition.
i side ywd HOES.
r
.ileuts a stTeP . } .
(d) The provisions of sub - section (e) f4) above shall also be
applicable to all appropriate instances of reverse frontage that may
exist.
7 Ordinance No. -2007
P_0
F,
JAN 05 2007 10:55RM HP LASERJET 3200
Ii (F) ............
(G) ............
(D............
SECTION 150 -043. R-1 C District
(C) ............
Building hei ht limit. Thernaximum height ofmain buildings shall be fifteen 15
feet for single stare structures and thirty (30) feet for two story structures.
(C) Building site area required, lot coverage restriction. The i771111FT7um building site
area shall be one lot or parcel of land 6,000 square feet in area for each single - family dwelling. The
parcel shall have a minimum average width of at least 75 feet. In addition, the lot coverage for main
buildings, additions, and detached structures whether of single or two- storv_confixration, shall be
limited to fifty 50% percent of the pLoperly site.
(D) .......
.....
(R) ...........
(1) .........
(2) Side yards required for new two -story structures to be built on vacant
property sites baMiffr. E° ept as 4de d -. R (3) b9l9 :; The
"�ivar��� ��� vvi
width of the required side yards for new two -story structures to be built on
vacant prone , sites Wildings shall be ten percent of the average width of the
g Ordinance No. -2007
P. S
JAN 05 2007 10:55RM HP LRSERJET 3200
lot on the first floor level, plus an additional , ten 10
percent of the averaize width of the lot as a side set back indentation of the
second-stM from the first floor of the structure provided that in no case
shall each side yard be less than ten fifteen feet in width- Side yards adjacent
to streets shall be not less than 15 feet. 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.
(3) Additional side yard Le quired for taro -sto additions to existin
structures. All second story additions to existing single family structures shall
be required to RMvide an additional ten percent of the avers a width of the
lot as a side setback indentation of the second-story from the existing first
floor of the structure , Rroidded that in no case shall each second story side
yard setback indentation be less than seven and one half feet.
(3) (4) Exceptions to additional sideyard required for two-sLM additions to
existing structures_. ;qetbae1�
No additional side yard setback indentation of the second -story from the
existing first floor of the structure shall be required for the side yard of the
structure that abuts a street. The additional side yard setback indentation
shall continue to be required for the interior side yard of the prcperty.for the
second-stM addition.
9 Drdina= No. -2007
p.10
JAN DS 2007 10:55AM HP LRSERJET 3200
D' ' " R AFT
(a) The seeend stei:y addition severs less
:.da I_
r-eT:aass applisable to the iRtefier- side 5w
�Q The provisions of sub- section (e) M above shall also be
applicable to all appropriate instances of reverse frontage that may
exist.
(F) ............
(G) ............
(H}............
10 Ordi=nce No. -2007
P. 11
JAN 05 2007 10:55AM HP LRSERJET 3200
E SECTION 150 -044. R -ID District.
i
(D) .. . . . . . . ... . .
IGJSUe . ii •...,.._.....a.iiea...
(B) Building height limit. The maximum height of main buildings shall be fifteen (15)
feet for single story structures and thirty (30) feet for two story structares.
(C) Building site area required; lot coverage restriction. The minimum building site
area shall be one lot or parcel of land 5,000 square feet in area for each single- family dwelling. The
parcel shall have a minimum average width of at least 75 feet. In addition the lot coverage for main
buildings, additions, and detached structures, whether ofsingle or two -start' configuration, shall be
limited to fifty (50 %) percent of the property site.
(D) ............
(E) ...........
(1) ...........
(2) Side yards required for new two -story structures to be built on vacant
2roperty sites buMnV. The
width of the required side yards for new two -story structures to be built on
vacant property sites cgs shall be ten percent of the average width of the
lot on the first floor level, plus an additional , ten 10
r)ercent of the average width of the lot as _a side set back indentation of the
second -story from the first floor of the structure provided that in no case
11 Ordinance No. -2007
p. 12
JAN 05 2007 10:56AM HP LASERJET 3200 P.13
shall each side yard be less than ten fifteen feet in width. Side yards adjacent
to streets shall be not less than 15 feet. 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.
(3) Additional side yard required for two - stony additions to existing
structures. All second story additions to exig l Msingle family structures shall
be required to provide an additional ten percent of the average width of the
lot as a side setback indentation of the second_stnry_from the existing first
floor of the structure rovided that in no case shall each second story side
yard setback indentation be less than severs and one half feet.
( -3) (41 Exceptionff to additional side yard required for twa sta additions to
existing structures. seMa
No additional side yard setback indentation of the second -story from the
existing first floor of the structure shall be required for the side yard of the
structure that abuts a street. The additional side yard setback indentation
shall continue to be M uired for the interior side vard of the proR= for the
second -start' addition.
12 Ordinance No. -2007
JAN 05 2007 10:56AM HP LRSERJET 3200
E�3
n
M
7 (d) The provisions of sub - section (a) fA) above shall also be
applicable to all appropriate instances of reverse frontage that may
exist.
(x)............
(G) ............
(H) ............
Sec_ lion Z: That all Ordinances or parts of Ordinances in conflict herewith are hereby
repealed insofar as they are in conflict.
r
13 Ordina=e No. -2007
p. 14
JAN 05 2007 10:56AM HP LnSERJET 3200
0
I
Section 3: 'That the provisions of this Ordinance shall be effective immediately upon
adoption by the City Council.
PASSED AND ADOPTED by the City Council of the City of Miami Springs,
Florida this day of November, 2046.
The motion to adopt the foregoing ordinance was offered on second
reading by , seconded by
and on roil call the following vote ensued:
Vice Mayor Youngs 44
Councilman Best i`
Councilman Dotson " "
Councilman Garcia " "
Mayor Bain " "
Billy Bain, Mayor
ATTEST:
Magali Valls, CMC, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Jan K. Seiden, Esquire, City Attorney
First reading: 11113/2006
"Second" First Reading: 11128/2006
"Third" First Reading: 12/11/2006
Second reading: 40/04/2007
Words shall be deleted. Underscored words constitute the amendment proposed.
Words remaining are now in effect and remain unchanged.
D3 tOrdinzm=% 3rdinanoeskOrdinance Na. _ -2407 - Sections 150.041, 150 -042, 150, 043, 150 -044 - Building Regulations - mcMar�sioes.dec
City Clerk's Office — 1/312007 10 :5I:52 AM
14 Oedim ee No. -2007
p. 15