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Ord. No. 27-07-1928WHEREAS, 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 June 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 1 Ora. No. 27 -07 -1928 proposed ordinance be approved. SECTION 1. The foregoing G6WHEREAS" 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)=NQaimi*m Maximum Lot Coverage. The building coverage for the first floor area permitted for single family residences shall be equal to thirty (30) to twenty 2�Z percent of the building site depending on lot size as shown in Table 2, Section (011. IN Ord. No. 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 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." UfA T"QW= New Two-Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (interior Lot) Side Interior Lot Width First Floor Setback Second Floor Setback 40-44 7.5 7.5 45-49 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)). 3 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 fioi#=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 Architect. (a) The ERPB shall consider and apply the following features as part of the review: (i) Scale, color, texture, aad 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. 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 1� 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 ___ - 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 5 Ord. No. 27 -07 -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 filed 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. G Ord. No. 27-07-1928 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 Coverage Maximum Impervious Coverage Maximum Floor 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 0.396 0.444 17,000 0.292 0.392 0.438 18,000 0.288 0.388 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 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 0.378 28,000 0.248 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 0.232 0.332 0.348 33,000 0.228 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 SECTION 3. Applications for construction of new two-story residential homes or for new two-story additions to existing homes filed with the ERPB prior to the enactment of Ordinance No. 03-07-1904 shall be grandfathered. 7 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 5. 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 4;day of 2007 1st Reading: 8/21/07 2nd Reading: 9/4/07 PACornrn Items\2007\9-4-07\Mc Mansion Ordinance 8-14-2007PIanning Board Hearing.doc N. 7:30 P.M. 1. Call to Order and the Pledge of Allegiance to the Flao Action: The meeting was called to order at 7: 40 A.M. Action: The Pledge of Allegiance was recited in unison. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Beckman. Board Member Absent: Ms. Yates and Ms. Chael City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing Action: Ms. Farfan read the ordinance into the record. Planning Board Meeting Page 2 of 3 Mr. Perez thanked the Board members who participated in this process. During this process citizens have expressed their concerns regarding two-story homes. At its, February 6, 2007 meeting, the City Commission adopted Resolution No. 03-07-1904, which established a moratorium applicable to the construction of new two-story residential structures and additions of a second-story to existing single-family structures. The ordinance was effective for a three month period. On June 2, 2007, the City Commission extended the moratorium ordinance an additional three months when it adopted Ordinance No. 19-07-1920. After the moratorium a number of workshops were held with different Boards and stakeholders. All their suggestions were taken into consideration and staff drafted an ordinance. He requested the Board to review the document and provide additional input in order to finalize the draft ordinance and thereafter make it available to the City Commission for final review. Recommendations: Staff recommended that the proposed attached draft ordinance be approved and forwarded to the City Commission. Mr. Morton questioned whether, page 3 line 18, reflected the current code and Mr. Perez replied with an affirmative. Ms. Beckman questioned whether the proposed ordinance for the two-story homes negates the "wedding cake." Mr. Youkilis responded that the ordinance mandates the wedding cake construction. Ms. Beckman advised the Board that she along with Ms. Cathy McCann requested, from the City Clerk, a list of all the Administrative Waivers that have been issued during the last two administrations. Ms. Beckman also advised that she drove around the neighborhood and documented homes that seemed large compared to their lot size. These homes were crossed referenced with the list and it was determined the oversized homes all had Administrative Waivers with a considerable amount of setbacks rewarded without scrutiny of the neighbors or the City Commission. As examples Ms. Beckman stated that 48 percent impervious coverage was allowed when normally 40 percent is allowed; side setbacks were often reduced from 15 feet to 10.6 feet, and another was reduced from 7.6 to 6.3 percent. She added that after researching the City Charter she found the practice of Administrative Waivers violates the Charter. The City Charter reads there should be a four/fifths vote of the Commission in order "to liberalize land use and development regulations." Ms. Beckman requested the Board support her with the elimination of the Administrative Waivers in order to encourage a balance within the neighborhoods. Mr. Morton questioned whether there was a rule or policy that allows either the Planning Director or the Manager to waive 20 percent of the setbacks or lot coverage. Mr. Youkilis responded that there is a section in the LDC on Administrative Waivers where most residential districts may apply for a Waiver. The applicant does not have to go through a variance procedure if the change he/she proposes is within the limits of the waiver. Mr. Perez added that when an applicant presents their request to the Planning Department, staff evaluates the request and to assure that it has merit. The Administrative Waiver is a tool to help the citizens address a certain issue without having to go through a tedious and costly process of getting a variance and if done properly it benefits the City. Another Planning Board Meeting Page 3 of 3 process required is that applicants must obtain signatures from their surrounding neighbors as a form of approval. He added that staff calls the person to verify the signature and to ensure the addition will not impact them. In addition staff also meets with the applicant twice before the Administrative Waiver application is continued. Staff is attempting to assure the process is not abused but rather used wisely and effectively. If a Board member feels that the Administrative Waiver is something that does not that work for the interest of the City, he/she has the right, as a citizen, to go before the City Commission and ask that the section be either removed or modified. Mr. Morton stated that having recently gone through the exercise regarding lot coverage and setbacks on the two-story homes he believed that the Administrative Waiver process could be contradictory to the direction the ordinance is trying to obtain and therefore he suggested that staff be very cautious. Mi. Davis advised that he personally went through an Administrative Waiver for a client where he found that, although time consuming, staff handled the process very professionally. He witnessed first hand a non-conforming lot that the home owner could not afford to go through the hoops of a variances. The Administrative Waiver was very minor for a non-conforming bungalow where the home was to be enlarged in order to make it more feasible for a family to live however. Without the Administrative Waiver the family would not have been able to build the unit. Ms. Young questioned who she may contact, prior to the Planning Board meeting, if she has questions regarding an item on the agenda. Mr. Perez replied that staff may be contacted however Board members may not contact each other to discuss any item on the agenda. Motion: Ms. Beckman moved to approve the ordinance with the following changes: • Page 3, line 19 remove the apostrophe after "abuts" • Page 3, line 24 remove "all" and replace with "principal" • Page 4, line 4 make home plural "homes" • Page 4, line 15 add the word "new" before "trees" • Page4, line 18 add the work "Florida" and capitalize Registered Landscape Architect, and City's • Page 4, line 24 delete the word "by" Ms. Young seconded the motion. Vote: 5 Ayes 0 Nays PAConim Items\2007\8-21-07\PB-Mins-08-14-07 Excerpt.doc ����� �������U������� ����U��� MIAMI DAILY ~�~°~~""°^�~°~" REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 0F SOUTH MIAMI ' PUBLIC HEARING FOR o/4/o007 ORD. RELATING TO GRAFFITI, AMENDING CHAPTER 1s.ETC, in the XXXX Court, was published in said newspaper in the issues of m8/24/2007 Afflant further says that the said Miami Daily Business Review isa newspaper published sk Miami in said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, SundayandLegalHoUdayu) and has been entered aa second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding Vhefinupub|ioatinnofthe attached copy o( advertisement; and affiant further says that hnnr she has neither paid nor promised any person, firm o,corporation any discount, rebate, commission nr refund for the purpose of securing is adverti for publication in the said nnwapaP�� /mr / 0-jor 7-0 ocv Sworn to and subscribed before me this 24 day ofAUGUST .A-D. 2007 O�.FERBEYRE personally known uome PAPY P% Cheryl *wannm � wh Commission om000sm9 Expires July 18, 2008 CITY OFSOUTHIMIAIMI � NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will c nduct Public Hearings at i1sregul Commission meeting scheduled for Tuesday, September 4, 2007� beginning at 7:30 p.m. .` in: the City Commission Chambers, 6130 Sunset Drive, to. considerthe following items; AN bRDINANCE'OF THE MAYOR AND CITY COMMISSION i OF THE CITY, OF SOUTH MIAMI, FLORIDA, RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS _ P ROVISIONS" -IN 'ORDER TO CREATE SECTION 15-100 ENTITLED "MALICIOUS DEFACE- MENT, MARKINGi OF --REAL PROPERTY;"� PROVIDING FOR ENFORCEMENT AND REVOCATION- PROVISIONS; PROVIDING FOR ,-SEVERABILITY,. ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 17RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION, 2.26.12 ENTITLED "GREEN TASK FORCE,", IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH- MIAMI; PROVIDING FOR "SEVERABILITY;-PROVIbING FOR ORDINANCES IN CONFLICT:AND PROVIDING. AN EFFECTIVE OF THE CITY OFSOUTH,MIAMi, FLORIDA AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING AAEW SECTION 20-3.5(H) ENTITLED,.'$PECIAL DIMENSIONAL AND -PERFORMANCE STANDARDS �FOR-.:,TWO STORY SINGLE WO FAMILY STRUCTURES AND Y ADDITIONS"; PROVIDING STANDARDS FOR LOT COVERAGE,- MINIMUM YARD SETBACK, FLOOR AREA RA I TIO, MAXIMUM BUILDING HEIGHT, MAXIMUM t BUILDING -1 COVERAGE, - MAXIMUM IMPERVIOUS, .,,COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW. AND LANDSCAPE REQUIREMENTS; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVEDATE. OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-43(l) AND SECT-ION I 20-4.3(K)(1) OF THE LAND DEVELOPMENT CODE TO PERMIT A NON-CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A 13USINESS LOCATED AT 6394-96 S. DIXIE HIGHWAY. IN THE "GR" GENERAL RETAIL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. If you have any inquiries on the oumm items please contact the City "=^°=~°=`°"^-6"3-=2" ALL interested parties are invited to attend and will be heard. ^ ' � Maria M. Menendez, CMC Qty Clem � 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 !thatforsuch purpose, affected person may needto ensure thataverbatim record of the proceedings is made which record includes thei testimony and evidence upon which the appeal is to be based. 8/24 07-3-76/879882M 22 ry 0 0 io M N . D Q 0 iz Z F- rr i= LU 0 s z E 0 V s U_ V ENGINE REBUILDERS war.abanaengine.co 1051 E 27 St, Hialeah, FL 33013 Over 15 Years ®f experience General Mechanic available *Long Blocks *Short Blocks *Cylinder beads *Engine Parts Free Vowing (in Dade wkh ad) 1 Year Warranty With engine installation on certain vehicles W29946 MVR96103622 (V o $75.00 OFF ® � Engine InastaftationI With This Coupon Expires 09 -01 -07 limo ® — moo © — COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 4, 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: AN ORDINANCE AMENDING CHAPTER 15 ENTITLED' "OFFENSES AND MISCELLANEOUS PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS. AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI. AN ORDINANCE 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 "; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 4.3(1) AND SECTION 20- 4.3(1)(1) OF THE LAND DEVELOPMENT CODE TO PERMITA NON - CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S. DIXIE HIGHWAY IN THE "GR" GENERAL RETAIL ZONING DISTRICT. 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 my Clark 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 js, made, , which record includes the testimony and evidence upon which the appeal is to be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 - PUBLIC HEARING FOR 9/4/2007 ORD. RELATING TO GRAFFITI, AMENDING CHAPTER 15, ETC, in the XXXX Court, was published in said newspaper in the issues of 08/24/2007 Affiant further says that the said Miami Daily 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 said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) 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 is adverti for publication in the said n P z7n Sworn to and subscribed before me this 24 day of AUGUST , A.D. 2007 (SEAL) O.V. FERBEYRE personally known to me ,pov N,,, Cheryl H Marmer My Commission DD338559 asc r,€40 Expires July 18, 2008 CITY OF.SOUTHMIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City Of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 4, 2007" beginning at 7:30 p.m. �'in the City Commission Chambers, 6130, Sunset Drive, to. consider the following items: AN ORDINANCE OF ; THE , , MAYOR - AND I CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS:­PROVISIONS" IN = ORDER "'- TO CREATE SECTION 15-100 ENTITLED "MALICIOUS DEFACE- MENT, MARKING` OF -REAL PROPERTY;"- PROVIDING FOR ENFORCEMENT AND REVOCATION- PROVISIONS; PROVIDING FOR : SEVERABILITY,, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; =RELATED TO THE- CITY OF SOUTH MIAMI , CITY CODE, CREATING SECTION, 2.26.12 ENTITLED "GREEN TASK FORCE,". IN ORDER TO CREATE GREEN BUILDING COMMITTEE FOR THE CITY. OF SOUTH' ' MIAMI; PROVIDING FOR �SEVERABILITY; PROVIDING FOR ORDINANCES INCONFLICTAND PROVIDING. AN EFFECTIVE DATE. AN ORDINANCE 0 . F THE MAYOR AND CITY YdOMmhssioN` OF THE CITY OF SOUTH MIAMI, FLORIDAAMENDING THE LAND DEVELOPMENT CODE BY INcbRPOhATINGA NEW SECTION 20-3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND 'PERFORMANCE STANDARDS FOR-TWO-STORY SINGLE FAMILY STRUCTURES AND TWO -STORY ADDITIONS'; PROVIDING STANDARDS FOR LOT COVERAGE,- MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING.COVERAGE,- MAXIMUM IMPERVIOUS, :COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW. AND LANDSCAPE REQUIREMENTS; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVEDATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST F A VARIANCE FROM SECTION 20-4.3(1) AND SECT-16N 20R 3 4. 3(K)(1 1) OF THE LAND DEVELOPMENT CODE TO PERMIT A NON-CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394-96 S. DIXIE HIGHWAY IN. THE "GR" GENERAL RETAIL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 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 tthat for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 8/24 07-3-76/879882M 22 C> Q. Z:) Uj F_ Z E 0 E ra pa LL mss' is ENGINE REBUILDERS 305-827-4744 www.abanaengine.com 1051 E 27 St, Hialeah, FL 33013 Over 15 Years of experience General Y4echanic Available *Lonor Blocks *Short Blocks *Cylinder Heads *Crankshafts -Engine Parts Free Towing r — (in Dade with ad) I 1 Year Warramty I Engine InstaHation I With This Coupon With engine installation on certain vehicles Expires 09-01-07 MV29946 WR96103622 L — — — — — — — — COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 4, 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: AN ORDINANCE AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" IN ORDER TO CREATE SECTION 15-100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS.' AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY. CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI. AN ORDINANCE 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"; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING , COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-4.3(1) AND SECTION 20-4.3(K)(1) OF THE LAND DEVELOPMENT CODE TO PERMIT A NON-CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394-96 S. DIXIE HIGHWAY IN THE "GR" GENERAL RETAIL ZONING DISTRICT. If you have any inquiries on the above items please contact the City Clerk's office at: 305-663-9326. ALL interested parties are invited to attend and will be heard. h4aria M. Menendez, CMC Cii g 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 testimony and evidence upon which the appeal is to be based. W13 Honorable City Commission Planning Board and ERPB Members CC: Yvonne Soler-McKinley, City Manager Luis Figueredo, City Attorney Julian Perez, Planning and Zoning Director FROM: Nkenga Payne SUBJECT: Single-Family Districts DATE: August 30, 2007 This is a follow-up to Commissioner Beckman's memo dated August 28, 2007, concerning single family development regulations'. Attached is a copy of the new Dimensional Requirements for Single-Family Districts proposed by Commissioner Beckman in its final form. Section 20-3.5E DIMENSIONAL REQUIREMENTS SINGLE-FAMILY DISTRICTS REQUIREMENT RS-1 RS-2 RS-3 RS-4 RS-5 Min. Lot Size Net Area (SF) 40,000 15,000 10,000 6,000 6,000 Frontage (F) 125 100 75 60 50 Min.Yard Setbacks (F)q . bc Front 50 35 25 25 25 Rear 25 25 25 25 25 Side, Interior (F) Lot Width First Floor Second Floor 40-44 7.5 7.5 45-49 7.5 9 50-54 7.5 10 55-59 7.5 11 60-64 7.5 12 65-69 8.5 13 70-74 9.5 14 75+ 10 15 Side, Street (F) 20 15 15 15 15 Max. Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 Max. Building Coverage Shall be 0.300 minus 0.004 for every 1,000 SF of lot area above 15,000 SF to a minimum of 0.200. Max. Impervious Coverage Shall be (Max. Building Coverage) plus 0.100 for every 1,000 SF of lot area below 10,000 SF to a maximum of 0.45. Max. FAR Shall be (Max. Building Coverage) times 1.5 plus 0.025 for every 1,000 SF of lot area below 9,000 SF up to a maximum of 0.55. CIE Cumulative width of both side yards shall be not less than 20 percent of total lot width. 6 Except that single story additions to existing single story structures may have interior side setbacks equal to existing setbacks but must be a minimum of 7.5 feet. For irregular shaped lots, the average lot width rather than the frontage lot width shall be used at the discretion of the Planning Director. Ell fflease be advised, as per our City Attorney, thaE members of the Boards and City Commission cannot communicate with Commissioner Beckman, or among members. Date: August 28, 2007 To: Commissioners, Planning Board Members, ERPB Members, Planning Department, City Attorney, City Manager From: Commissioner Jay Beckman Re: New Single-Family Development Regulations After thoroughly reviewing the ordinance I have found a few flaws. I request input from the Boards on my proposed changes. The purpose of this memo is to describe the problems in the ordinance in detail and to outline the proposed fixes which will hopefully result in an ordinance that will function properly. The problems and fixes are as follows. Section 2, (A) to (C)(6) As written this creates a new section in the code that gives dimensional standards for two-story houses. One-story houses would be governed by the existing dimensional requirements table in the code. This is confusing and negates the purpose of the new dimensional standards. The problem is that the new tables that give lot coverage, impervious coverage, FAR, and side yard setbacks as a function of lot size were developed for use on both one and two story houses to remove discrepancies that occur with over- and undersized lots in a district. For example, using the existing dimensional requirements table, maximum building coverage on a 40,000 SF lot in RS -1 is 8,000 SF, whereas it is 8,100 SF on a 27,000 SF lot in RS-3, hence the complaints concerning over- built lots in the RS-3 district of both one and two story buildings. Also note that the Minimum Lot Coverage requirement of 30% given in (C)(3) does not make any sense as Maximum Lot Coverage is,30% to 20% depending on lot size. The simple fix is to make the new dimensional standards applicable to all houses as intended by amending the existing dimensional requirements table as shown under Tab-1. Note that for maximum building coverage, impervious coverage, and FAR three simple mathematical expressions are given to replace the long table of tabulated numbers, although the tabulated numbers could be used instead (I highly favor the mathematical expressions). Also note that the mathematical expression for FAR gives slightly different values than those originally tabulated (see table under Tab -1). This occurs because for the mathematical expression I simply held Maximum FAR as 1.5 times Maximum Building Coverage (except for very small lots). This gives a more consistent and elegant solution. If the ground floor is built out to Maximum Building Coverage then the second floor can only be half the size as the ground floor. If a larger second floor is desired then the size of the ground floor must be reduced. And that is the purpose of including an FAR in the regulations, so maintaining a consistent ratio with Maximum Building Coverage makes great sense. Section 29 (C)(7) to (C)(11) These sections have to do with landscape requirements and site plan review. I would put these as a new section under Site Plan Review as shown under Tab-2. Reques Please review these proposed changes and provide comment to the Planning Department ASAP as the ordinance is up for second reading on September 4, 2006. And it is requested that the Planning Department be sure that they get direction on all of the items raised in this memo. N i «e -� I proposed ordinance be approved. 2 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 6 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 7 confirmed as being true and correct and are hereby made a specific part of this 8 Ordinance upon adoption hereof. , ., , I ry x 10 SECTION 2. That`°the "Land Development Code of the City South Miami" 11 shall be amended •4o— incorporate a new= Section``-20= 3.:5(H) entitled Special -I 12 -- Dimensfonal" and•-Performance- Standards:- -for Two =Story Single Family Structure -and 13 --Two Story-Additions:" :-` •�,r' rya `b 14 15 `( } Purpose. The purpose of this ordinance is to establish special dimensional'-s' and 16 performance standards to regulate two -story single family structures ands -two -story 17 additions within the residential zoning districts of the City of South Miami. 18 r, 19 (B) Applicability. The requirements of this Section shall be in addition to each and 20 every other requirement of the City of South Miami Land/Development Code 21 (Code), and in the case of conflict, the provision of this Section "shall control. 22 23 (C) Performance Standards. The performance standard set forth in this section 24 will guide the dev=rmance of two -story residential - ,homes in the single family 25 residential district. standards are necessary in order to address yard 26 setbacks, open space, adequate landscaping, plan review process, and existing 27 character of the residential neighborhoods it the City of South Miami. By 28 implementing these standards the City will, "be able to preserve and enhance the 29 neighborhood character through `architectural designs that are consistent and 30 responsive to the individual corteXt of the City architecturally diverse 31 neighborhoods. 32 33 (1) Building Site. The development of two -story residential homes shall be 34 constructed on a lot that is suitable for residential development, provides adequate 35 setbacks and the necessaryfnfrastructure to support the development. 36 {` 37 (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject 38 to the dimensional•'requirements set forth in the Land Development Code table 39 labeled "Dimensi"onal Requirements Single- Family District ,(Section 20- 3.5(E)). " 40 For irregular shaped lots, the average lot width rather than the frontage width shall be 41 used at the discretion of the Planning Director. 42 43 (3) Mini "Mum Lot Coverage. The building coverage for the first "floor area 44 permitted for single family residences shall be equal to thirty (30) percent, -of the 45 building site area. 46 4 ` Yard Setback Requirements. No building or structure, or any part thereof, 47 :including covered porches or terraces, but not including uncovered steps, projections ,. IN . V 20-3Z SOUTH MIAMI LAND DEVELOPAYIENT CODE (D) Reserved. Section 20-3.5E DIMENSIONAL REQUIREMENTS SINGLE-FAMILY DISTRICTS REQUIREMENT RS-1 RS-2 RS .3 RS-4 RS-5 Min. Lot Size Net Area (sq. ft.) 40,000 15,000 10,000 6,000 6,000 Frontage (ft.) 125 100 75 60 50 Mn. Yard Setbacks (ft.) Front 50 35 25 25 25 Rear 25 25 ?.P; Side (Street) 20. 15 15 15 15 Max- Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 --------------- r ding Coverage(%) First floor 20 30 30 30 30 g Coverage 60 in First a 'r 47 Second 60 60 60 60 60 % of the ir 0 floor 7 oor 0 r7l%lam Impervious :Coverage (-"Io) 40 40 UTIMULatlVe W1o.Tn 01. DOM sine yarns snail be not less than GU percent of total lot width. VU et in terim-sift-mtbaaks-where- 111E, 13 171 1 p Ce 0-oVfioms e 3 / e- --A, A4� 01w, or .5'['te s /7 eA0 Supp. No. 8 50, Wrl , 6 /01 trre,'r d1q(1;t /'0 t4' tvev n' d is Insert-I Side InteriorcA' Lot Width First Floor Second Floor 40-44 7.5 7.5 45-49 7.5 9 50-54 7.5 10 55-59 7.5 11 60-64 7.5 1'2 65-69 8.5 13 70-74 9.5 14 75+ 10 15 Insert-2 (a I &r,,nOA VC,,— 6 Max. Building Coverage. Shall be 0.300 minus 0.004 for every 1,000 SF of lot area above 15,000 SF to a minimum of 0.200. Max. Impervious Coverage. Shall be (Maximum Building Coverage) plus 0.100 for every 1,000 SF lot area below 10,000 SF to a maximum of 0.45. Max- FAR. Shall be (Maximum Building Coverage) times 1.5. lus /A //h6U6,P-h"kr-a\ Dc small. a I Maximum Building Coverage, Impervious Covera e and FAR bo-S eet 6 4-(14i n� Lot Size Maximum Building Coverage Maximum ? Impervious Coverage Maximum Floor Area Ratio MA-Ic FAP, SI-0 5, 000 0.300 0.450 0.550 .6,000 0.300 0.450 0.524 D 7,000 0.300 0.438 0.498 S76 8,000 0.300 0.472 0 9, 000 0.300 0 Lf-i 3 0.446 0, 0, 10,000 0.300 0.400 0.420 11,000 0.300 0.400 0,417 12,000 0.300 0.400 0.413 13,000 0.300 0.400 0.410 14,000 0.300 0.400 0.407 0 15,000 0.300 -- 0.400 0.404 16,000 0.296 0.396 0.400 17,000 0.292 0.392 0.397' 18,000 0,288 0.388 0.394 19,000 0.284 0.384 0.390 Do 20,000 0.280 0.380 0.387 0 21,000 0.276 0.376 0.384 0 a Lf'L� 22,000 0.272 0.372 0.380 .23,000 0.268 0.368 0.377 24, 000 0.264 0.364 0.374 25, 000 0.260 0.360 0.371 0' 3clo 26, 000 0.256 0.356 0.367 27,000 0.252 0.352 0.364 28,000 0.248 0.348 0.361 01, ave"ro �y , &'P-Ao 7 29.000 0.244 0.344 0.357 0.240 0.340 0.354 31,000 0.236 0.336 0.351 32,000 0.232 0.332 0.347 0.228 0.328 0.344 d 2- 34,000 0.224 0.324 0.341 35,000 0.220 0.320 0 0.338 8 -36,000 0.216 0.316 0.335 .37,000 0.212 -0.312 0.331 D. 31 38,000 0.208 0.308 0.328 01 312 - 39,000 0.204 0.304 0.324 Ot,306 140,000+ 0.200 0.300 0 .321 () - 2 I shall be erected at a lesser distance from the front, side or rear line of any building 2 site than the front, side or rear setback distance, respectively, prescribed ;an ._ d 3 established herein for such building site. Nothing herein shall prohibit a building or 4 structure from having more than the minimum required setbacks. ` 5 6 (a) Side Setbacks (Interior). Refer to Exhibit A: "Proposed Preliminary 7 Minimum Side Yard Setbacks." 8 Exhibit A New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Interior Lot) J. Side Interior Lot First Floor Width Setback Second Floor Setback 40 -44 7.5 7.5 45 -49 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' 9 ,; 10 - t. Side yards shall be measured from the closest poini� of the structure's 11 vertical outside wall t6 the side lot line, on a bearing parallel to the front 12 lot line, at ground level. Cumulative width of both interior side yards 13 shall be not less than 20 percent of total lot width. 14 15 (b) Front Setback., ' The minimum front setback shall be consistent with the 16 dimensional requirements reflected on the Land Development Code table 17 labeled "Dimensional Requirements Single - Family District" (Section 20- 18 3.5(E)). 19 20 (c) Side Setbacks (Street). The minimum side setback (street) for structure 21 that abuts a street shall be consistent with the dimensional requirements 22 reflected on the Land Development Code table labeled "Dimensional 23 Requirements Single- Family District" (Section 20- 3.5(E)). 24 25 (d) Rear setback. The minimum rear setback of twenty -five (25) feet shall be 26 maintained and required on principle. buildings in the single - family 3 I ^residential district, as reflected on the Land Development,: Code (table } 2 labeled' Dimensional Requirements Single- Family District" (Section 20- 4 3.5(E)). ... �� _. 5 (5) Building Height i.unit, No single'amily residential home shall be built in the 6 City of South Miami that is more -than two -sta e`§- in,.height. The maximum building 7 height for two -story homes - -shalt not exceed twenty -five (25).-feet. 8 9 (6) Maximuan~Building Coverage/Impervious Coverage. The maximum, building 10 coverage,' impervious coverage shall be determined for each application by using 11 _t1���nsional. requirements- set -forth in subsection 12 , 1. _ TJ 13 (7) Landscape Requirements. A mm Z mum of fifty (50) percent of the 'entire front r _ 14 yard area shall be green space. All front yard areas shall be landscaped with trees 15 and drought resistant native vegetation, as necessary, to enhance privacy from 16 abutting properties. The landscaped open space required by this Section shall consist 17 of pervious landscaped area and shall not consist of any paved or otherwise 18 impervious areas. The minimum height of new trees for two -story homes shall be 19 18'.0 ". An inventory of existing trees located onsite shall be prepared and submitted 20 to the Planning Department as part of the Environmental Review Preservation Board 21 (ER.PB) application. The required landscaped plan shall be prepared by Florida 22 Registered Landscape Architect consistent with the City's Tree Ordinance. 23 24 (8) Architectural and Site Plan Review. All new two -story homes or second story 25 additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the 26 Land Development Code. The design review must be based on sound and clearly 27 articulated design principles. The architectural plans must be signed and sealed by a 28 Florida Registered Architect. 29 30 (a) The ERPB shall consider and apply the following features as park of the 31 review: 32 33 (i) Scale, color, texture and appropriateness of all proposed 34 buildings and other structures; 35 36 (ii) Quantity, quality and arrangement of all proposed landscaping 37 and open space features; 38 39 (iii) Overall compatibility of the proposed development with the 40 existing and desired character of the property and 41 neighborhood in which located; and 42 43 (iv) The installation of sidewalks along all arterial roadways and 44 compliance with the City's sidewalk policies and 45 requirements. 46 47 (b) Designs should use a mix of articulation, architectural elements and 0 residential district, as reflected on the Land Development',c", -� e" 'table IV District" 2 labelja`�-Dimensional Requirements Single-Fami (Section 20- 4 5 (5) Building Height Limit. No sin g le. f aim fy" residential home shall be built in the 6 City of South Miami that is more.&- -st ories ism height. The maximum building 7 height for two-story homes - ,shall not exceed twenty-five (25)_fe� et 9 (6) Maximum4u_ilding Coverage/Impervious Coverage. The maxlfi-iu m- building 10 cove impervious coverage shall be determined for each application"b"` -usmjz r 12 ilk 13 (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front 14 yard area shall be green space. All front Yard areas shall be landscaped with trees 15 and drought resistant native vegetation, as necessary, to enhance privacy from 16 abutting properties. The landscaped open space required by this Section shall consist 17 of pervious landscaped area and shall not consist of any paved or otherwise 18 impervious areas. The minimum height of new trees for two-story homes shall be 19 18'.0". An inventory of existing trees located onsite shall be prepared and submitted 20 to the Planning Department as part of the Environmental Review Preservation Board 21 (ERPB) application. The required landscaped plan shall be prepared by Florida 22 Registered Landscape Architect consistent with the City's Tree Ordinance. 23 24 (8) Architectural and Site Plan Review. All new two-story homes or second story 25 additions shall be reviewed by the ERPB consistent with Section 20-6.1(C) of the 26 Land Development Code. The design review must be based on sound and clearly 27 articulated design principles. The architectural plans must be signed and sealed by a 28 Florida Registered Architect. 29 30 (a) The ERPB shall consider and apply the following features as part of the 31 review: 32 33 (i) Scale, color, texture and appropriateness of all proposed 34 buildings and other structures; 35 36 (ii) Quantity, quality and arrangement of all proposed landscaping 37 and open space features; 38 39 (iii) Overall compatibility of the proposed development with the 40 existing and desired character of the property and 41 neighborhood in which located; and 42 43 (iv) The installation of sidewalks along all arterial roadways and 44 compliance with the City's sidewalk policies and 45 requirements. 46 47 (b) Designs should use a mix of articulation, architectural elements and M I exterior finishes reducing the perceived scale and bulk of buildings, 2 including low to moderately pitched roofs and recesses under roof 3 creating indoor/out door living spaces (terraces). In considering the 4 design of the building, the ERPB shall consider and apply Section 7(a)(i) 5 thru (iii), and render a decision as to the adequacy of the following 6 elements in the design concept: 7 8 Trim 9 Shutters 10 Awnings and canopies 11 Windows (Fenestration) 12 Doors 13 Texture of surface 14 Colors 15 Roofs (materials, color, slope and overhang) 16 Planters 17 Window boxes 18 Walls, height, location, materials, design 19 Height of building 20 Location of structure on site 21 Site circulation in regard to pedestrian travel, parking, 22 services, grades and landscaping 23 Location of exposed piping, conduits and rain water leaders 24 The impact on adjacent properties of continuous two story 25 walls 26 Decorative lighting (height, location and style) 27 28 (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a 29 statement explaining how the proposed building complies with the 30 architectural style surrounding the site must be submitted as part of the 31 ERPB application. The ERPB shall require changes to the plans to ensure 32 that the design preserves the existing architectural - style of the 33 neighborhood, unless specified to the contrary, and promotes design 34 excellence in the community. The ERPB, as part of the its application for 35 review, shall require the submission of photographs of both sides of the 36 street and all abutting properties, on the block where the new two-story 37 home or two-story addition is to be constructed. 38 39 (d) The architectural context includes the height, scale, massing, separation 40 between buildings, and style in regard to how buildings and structures 41 relate to each other within a specified area. Architectural context allows 42 for differences in height, scale, massing, and separation between 43 buildings and style, when such differences contribute to the overall 44 harmony and character of the area. The ERPB shall not take into 45 consideration existing buildings and structure that are out of context with 46 the area when considering whether a new building or structure or a 47 substantial addition to an existing building or structure is in context with 5 1 both sides of the street on the block where it is located and surrounding 2 properties. The ERPB shall review the building or structure in the 3 context of that area in which the site is located when a new building or 4 structure or a substantial addition to an existing building or structure is 5 located on a building site that is on the border of two building that have 6 different character or content. 7 8 (e) The Planning Director shall have the administrative discretion to require 9 the above review process to be accomplished prior to a Planning Board 10 public hearing on the proposed development application. 11 12 (9) Findings. The ERPB shall determine approval or disapproval of the proposed 13 designed plans. The Board shall prepare a written determination in order to state the 14 intent of its decision. The written determination shall be filed with the Planning 15 Department for inclusion in the project record. 16 17 (10) Historic ' Preservation Board Review. Construction of a two-story home or a 18 second story additions or alterations to existing homes in the City's Historic District 19 shall be reviewed by the Historic Preservation Board and ERPB- The Historic 20 Preservation Board shall review the application for consistency with the City's 21 historic preservation guidelines, requirements set forth in this section, and the 22 standards for the issuance of a Certificate of Appropriateness set forth in the Land 23 Development Code. The Board shall also determine compatibility with the 24 guidelines in the specific Historic Designation Report. The Historic Preservation 25 Board recommendations shall be submitted to the ERPB for consideration. The 26 ERPB shall give consideration to the findings of the Historic Preservation Board as 27 part of its review for the purpose of determining consistency with the requirements 28 set forth in this section. 29 30 (II)De�ve open Standards. 31 The development standards 'are.-based-om�,p-�e--r"c"'e""n't , age of lot size consistent with the 32 table provided below. The-lot ­s_iZ__eIs 1--be---rounded-off in order to determine the 33 appropriate lot,,siz6"__' 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ol \New Two-Story Single Family Residential and Second Story Additions Percentage Requirements for Maximum Building Coverage, LLot'Size Maximum Building Coverage Maximum Impervious Coveraqe Maximum Floor Area Ratio 5 5,000 0.300 0.450 0.550 6,000 0.300 0.450 0.524 7,000 0.300 0.438 :::0:.4 98 8,000 0,300 0.440 0.472 9,000 0.300 0.425 0.446 10,000 6,300 0.400 0.420 -.1000 0.3100 0.400 0.417 13,000 0.300 0.400 0.410 14,000 0.300 0.400 0.407 15,000 0.300_ 0.400 0.404 17,000 0.292. 0.392 0.397 18,000 0.288 0.388 0.394 19,000 0.284 0384 0.390 21,000 0.276 0.376 .22,000 0.272 0.372 0.380 23,000 0.268 0,368 0.377 241000 D.264 0.364 0.374 .25,000 0.260 0.360 0.371 26,000 0.256 0.356 0.367 28,000 0.248 0.348 0.361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 3 Applications for construction of new two-story residential homes or for new two-story additions to existing homes filed with the ER_PB prior to the enactment of Ordinance No. 03-07-1904 shall be grandfathered. 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 C5 In case conflicting regulations exist, the requirements set forth in this regulation shall apply. 7 SECTION ,6" All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ttl 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. M 0.244 0.344 0.357 0.240 0.340 0.354 31,000 0.236 0.336 0.351 .32,000 0.232 0.332 0.347 33,000 0.228 0.328 0.344 34,000 0.224 0.324 0,341 35,000 0.220 0.320 0.338 36,000 0,216 _11 0,316 0.335 37,000 0.212 0.3121-1 0.331 ..38,000 0.208 0.308 0.328 39,000 0.204 0.304 '\ 0:394 L 40,000 0.200 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 ER_PB prior to the enactment of Ordinance No. 03-07-1904 shall be grandfathered. 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 C5 In case conflicting regulations exist, the requirements set forth in this regulation shall apply. 7 SECTION ,6" All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ttl 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. M I PASSED AND ADOPTED this 2 3 4 ATTEST: 5 6 7 CITY CLERK' 8 9 10 READ AND APPROVED AS TO FORM: 11 12 13 14 15 CITY ATTORNEY 16 53 54 55 56 57 58 59 60 61 62 63 day of 2007 APPROVED: MAYOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts-Cooper: Commissioner Beckman: ire Z:\McMansions\Draft OrdinanceWc Mansion Ordinance 8-14-2007PImming Board Hearing.doc Miami, August 30, 2007 Re: Memo from Commissioner Beckman I would like to thank commissioner Beckman for his valuable contribution to the task of revising the current single-family development regulations. I find his remarks and suggestions very appropiate, clear and simple, making it easier for the applicant to understand it. Specifically, I find the revised F.A.R. table to be a great help in determining what can be built on any specific lot size. (The alternative to the table; the three mathematical expressions, present more probabilities of errors since there are more computacions to be made.) Good his observation of the discrepancy regarding the min.and max. lot coverage contradiction. I hope commissioner Beckman's ideas will be implemented in the new set of regulations. Giorgio Balli A.I.A. architect E.R.P.B. member CITY CLERK'S OFFICE