25South Miami
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City
Commission
Via: Hector Mirabile, Ph.D., City Manage Zr)10
From: Thomas J. Vageline, Director
Planning and Zoning Department
0 �
Date: September 21, 2010
ITEM No. Of
Subiect
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20- 3.5(E), entitled
"Dimensional Standards Single Family Districts" by transferring all provisions
related to two story single family structures to existing Section 20- 3.5(H), entitled
"Special dimensional and performance standards for two -story single structure and
two -story additions"; and making technical adjustments to Section 20- 3.5(H);
providing for severability; providing for ordinances in conflict; and providing an
effective date.
BACKGROUND
On 2007, the Planning and Zoning Department conducted a series of workshops and
studies to review and analyze architectural design of two -story single family structures
within the City of South Miami residential zoning districts. One of the issues closely
studied was the massing of the second floor in relation to the first floor on two -story
single family structures on the existing character of the neighborhoods. This analysis
included all five single - family districts, RS -1, RS -2, RS -3, RS -4 and RS -5. As a result,
this process lead to Ordinance number 27 -07 -1928, which was passed and adopted on
September 4, 2007, with a Commission vote of 5 -0.
The adopted change resulted in more restrictive design guidelines and dimensional
requirements for new two -story single - family structures and two -story additions
throughout the City of South Miami, specifically all five single - family residential
districts. These are found in Section 20- 3.5(H), entitled "Special dimensional and
performance standards for two -story single structure and two -story additions ".
Prior to the adoption of Ordinance number 27 -07 -1928, in September 2007, the Land
Development Code regulated design guidelines and dimensional requirement for both
one -story and two -story design in Section 20- 3.5(E), entitled "Dimensional Requirements
Single- Family Districts ".
CURRENT LDC REGULATIONS
The Land Development Code Section 20- 3.5(E), entitled "Dimensional Requirements
Single - Family Districts ", which regulates dimensional standards for both one -story and
two -story single family districts and must be consistent with Section 20- 3.5(H), entitled
"Special dimensional and performance standards for two -story single structure and two -
story additions ", was added to the Land Development Code at a later date.
In order to avoid a potential design conflict, provide consistency within the Code, and
have a clear distinction as to the dimensional requirements between a one -story and a
two -story single - family residential design regulations, minor revisions are being proposed
to Sec. 20 -3.5 (A), (C), (E) and (H), as shown on the attached draft ordinance.
PLANNING BOARD ACTION
The Planning Board at its July 13, 2010 meeting after public hearing adopted a motion by
a vote of 5 ayes and 1 nay recommending the approval of the proposed text amendments.
It is recommended that the proposed amendments be approved.
Attachments:
Planning Dept. Staff report 7 -13 -10 (PB -10 -012) (including Ordinance No. 27 -07 -1928)
Planning Board Excerpt Minutes 7 -13 -10 (PB -10 -012)
Public Notices
Draft ordinance
TJV/LCH
Y: \Comm Items\2010 \9 -21 -10 \LDC Text Amend Two -story Single- Family\LDC Text Amend.doc
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ORDINANCE NO.
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20- 3.5(E), entitled
"Dimensional Standards Single Family Districts" by transferring all provisions
related to two story single family structures to existing Section 20- 3.5(H), entitled
"Special dimensional and performance standards for two -story single structure and
two -story additions "; and making technical adjustments to Section 20- 3.5(H);
providing for severability; providing for ordinances in conflict; and providing an
effective date.
WHEREAS, In 2007 the Planning and Zoning Department conducted several
workshops to review and analyze architectural design of two -story single family structures
within the City of South Miami residential zoning use districts; and
WHEREAS, this process lead to Ordinance No. 27 -07 -1928 passed and adopted by
the City Commission on September 4,2007; and
WHEREAS, the Land Development Code, Section 20- 3.5(H) regulates the
adopted changes from Ordinance No. 27 -07 -1928 for New Two -Story Single - Family
Structures and Two -Story Additions; and
WHEREAS, currently the Land Development Code, Section 20- 3.5(E) regulates
Dimensional Standards for both One -Story and Two -Story design single - family districts,
both in one table; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
the Land Development Code in order to clarify and clearly distinguish between the
regulating sections and tables of the Land Development Code for the Single - Family
Residential Districts, One -Story and the Single - Family Residential Districts, Two - Story;
and
WHEREAS, the Planning Board at its July 13, 2010 meeting adopted a motion by
a vote of 5 ayes I nay recommending approval of the proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.5 entitled "Dimensional requirements" is hereby
amended as listed below:
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Section 20 -3.5 Dimensional requirements.
(A) Residential Districts. In residential districts, the maximum density,
minimum lot area and frontage, minimum yard setbacks, maximum coverage and
maximum building heights for the permitted uses in each district shall be
determined from the Dimensional Requirements Table for either single - family
residential districts one -story (Section 20- 3.5(E)) or single - family residential
districts two -story (Section 20 -3.5(l )) or multi - family districts (Section 20-
3.5JF)).
(B) Nonresidential Districts. In nonresidential districts, the minimum lot
area and frontage, minimum yard setbacks, maximum floor area, maximum
coverage and maximum building heights for permitted uses in each district shall be
determined from the Dimensional Requirements Table for nonresidential districts
(Section 20- 3.5SG)).
(C) Dimensional Requirement Tables.
(1) The use of land and the erection of buildings and other structures on
land shall be subject to the dimensional requirements of the applicable
zoning district, as reflected on the three four tables labeled
"Dimensional Requirements, Single - Family Residential Districts,
One - Story" (Section 20- 3.5(E)) or "Dimensional Requirements,
Single - Family Residential Districts, Two - Story" (Section 20-
3.5 : , "Dimensional Requirements, Multi - family Districts"
(Section 20- 3.5,fFl) and "Dimensional Requirements, Nonresidential
Districts" (Section 20-3.5 jG)).
(2) There shall be no variation or deviation from such dimensional requirements
except where expressly allowed by this Code.
(3) Minimum and maximum dimensional requirements for permitted uses
within a PR or PI use district shall be the same as those listed in the
following tables for uses within the most restrictive use district
located adjacent to the subject PR or PI property.
(D) Properties Abutting Single- Family Zoning Districts.
(1) Notwithstanding the dimensional requirements of the zoning use
district in which a property is located, if that property is abutting
(common border or separated by a right -of -way) to a single - family
zoning district the maximum height of any new building or any
vertical addition to an existing building on that property is limited to
two stories, however, additional height may be obtained via the
special use permit process as set forth in Section 20 -5.8.
(2) Properties or projects constructed under a city approved Planned Unit
Development Site Plan or projects subject to Development
Agreements during the period that the Agreement is in effect, shall
not be subject to the provisions of this section. In no case shall a
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project be rebuilt which exceeds the height, setback or density that
was set forth in the Development Agreement or applicable Planned
Unit Development Site Plan.
(3) Properties presently existing and actually built on the effective date of
this ordinance shall be grandfathered in and exempted from the
provisions of this section and allowed to be rebuilt to the same height
if they are destroyed by an act of God or other natural disaster.
Section 20 -3.5E
DIMENSIONAL REQUIREMENTS
SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY
REQUIREMENT
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Front
Rear
Side (Interior).
€eftion a
stracune above 12'
high as- measured
ffern the fiFst gee
finished -Aeer
slevatiou
Side (Street)
Max. Building Height
Steinies
Feet
Max. Building Coverage ( %) First floor
Second fleof� 04 o
ro
F.
918 u,vzzr t - flfvr,.....
RS -1 RS -2 RS -3 RS -4 RS -5
40,000 15,000 10,000 6,000 6,000
125 100 75 60 50
50
35
25
25
25
25
25
25
25
25
12.5
—23
10
20
7.5
7.5b
7.5b
20 15 15 15 15
25
25
25
25
25
20
60
30
60
30
60
30
60-
30
60
Max. Impervious Coverage ( %) 30 40 40 45 45
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
b Except that additions to existing structures may have 5 feet interior side setbacks where any
portion of the building already has a 5 feet setback.
�.
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M
Section 20 -3.5H
DIMENSIONAL REQUIREMENTS
SINGLE - FAMILY RESIDENTIAL DISTRICTS - TWO -STORY
REQUIREMENT
RS -1 RS -2
RS -3
RS -4
RS -5
Min. Lot Size
Net Area (sq. ft.)
40,000 15,000
10,000
66,000
66,000
Frontage (ft.)
125 100
75
60
50
Min. Yard Setbacks (ft.)
Front
50 35
25
25
25
Rear
25 25
25
25
25
Side (Interior)s
For structure 12' or
Refer to Table 1
less in height, as
measured from the
first floor finished
floor elevation
Portion of
Refer to Table I
structure above 12'
high as measured
from the first floor
finished floor
elevation
Side(Streefl
20 15
15
15
15
Max. Building Height
Stories
2 2
2
2
2
Feet
25 25
25
i5
25
Max. Building Coverage ( %) First floor
Refer to Table 2
Max. Impervious Coverage
( %)
Refer to Table 2
Max. Floor Area Ratio ( %)
Second floor
- Refer to Table 2
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
(14) Special dimensional requirements and performance standards for two -story single family
structure and two story additions.
(A) Purpose. The purpose of this ordinance is to establish special dimensional requirements and
performance standards to regulate two -story single family structures and two -story additions
within the residential zoning districts_ "RS -1" Estate Residential "RS -2" Semi - Estate
of the City of South
(B) Applicability. The requirements of this Section shall be in addition to each and every other
requirement of the City of South Miami Land Development Code (Code), and in the case of
conflict, the provision of this Section shall control.
(C) Performance Standards. The performance standard set forth in this section will guide the
development of two -story residential homes in the single family residential districts_ R
I RS -2 RS -3 RS -4 and RS -5 The performance standards are necessary in order to address
2 yard setbacks, open space, adequate landscaping, plan review process, and existing character
3 of the residential neighborhoods in the City of South Miami. By implementing these standards
4 the city will be able to preserve and enhance the neighborhood character through architectural
5 designs that are consistent and responsive to the individual context of the city architecturally
6 diverse neighborhoods.
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(1) Building Site. The development of two -story residential homes shall be constructed on a lot
that is suitable for residential development, provides adequate setbacks and the necessary
infrastructure to support the development.
(2) Minimum Lot Size. The minimum lot size for residential homes shall be subject to the
dimensional requirements set forth in the Land Development Code table labeled
"Dimensional Requirements Single - Family Residential District Two Storv" Section 20-
3.5(-). ( 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.
a.
(4) Yard Setback Requirements. No building or structure, or any part thereof, including
covered porches or terraces, but not including uncovered steps, projections shall be
erected at a lesser distance from the front, side or rear line of any building site than the
front, side or rear setback distance, respectively, prescribed and established herein for
such building site. Nothing herein shall prohibit a building or structure from having more
than the minimum required setbacks.
(a) Side Setbacks (Interior). Refer to Table 1: "Proposed Preliminary Minimum Side Yard
Setbacks."
Side yards shall be measured from the closest point of the structure's vertical outside
wall to the side lot line, on a bearing parallel to the front lot line, at ground level.
Rf beth i4iterief side yafds shall be not less then twenty (20) peree
of total lot width.
TABLE 1
New Two -Story Single Family Residential and Second Story Additions
Minimum Setbacks Requirements
(Interior Lot)
Existins Lot Frontaee (ft
40-44
45-49
50 -54
55-59
60-64
65 -69
70-74
75 -+
First Floor
Interior Side Setback a
7.5
7.5
7.5
7.5
7.5
8.5
9.5
10.0
Second Floor
Interior Side Setback b
7.5
9.0
10.0
11.0
12.0
13.0
14.0
15.0
2 a Except that additions to existing structures may have 5 feet interior side setbacks where
3 any portion of the building already has a 5 feet setback.
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5 b For pre- existing improved lots of record in the RS3 or RS4 districts, that are 50 feet or
6 _ less in lot width the second floor setback shall be the same as the first floor setback.
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(b) Front Setback. The minimum front setback shall be consistent with the dimensional
requirements reflected on the Land Development Code table labeled "Dimensional
Requirements Single - Family Residential District Two Story" (Section 20- 3.5(M).
(c) Side Setbacks (Street). The minimum side setback (street) for structure that abuts a
street shall be consistent with the dimensional requirements reflected on the Land
Development Code table labeled "Dimensional Requirements Single- Family
Residential District Two Story" (Section 20- 3.503)).
(d) Rear Setback. The minimum rear setback of twenty -five (25) feet shall be maintained
and required on principle buildings in the single - family residential district, as
reflected on the Land Development Code table labeled "Dimensional Requirements
Single- Family Residential District Two Story" (Section 20- 3.5(H)). 'Gaon -20
g
(3) Building Height Limit. No single - family residential home shall be built in the City of
South Miami that is more than two- stories in height. The maximum building height for
two -story homes shall not exceed twenty -five (25) feet.
the dimensional requirements set forth in Table 2, Section (C)12, Development
Standards.
Maximum Impervious Coverage. The maximum impervious coverage permitted for a
two -story single - family residence shall be determined for each application by using
the dimensional requirements set forth in Table 2, Section (012, Development
Standards.
(77) Maximum Floor Area Ratio. The maximum floor area ratio permitted for a two -story
Standards.
(74 Landscape Requirements. A minimum of fifty (50) percent of the entire front yard area
shall be green space. All yard areas shall be landscaped with trees and drought resistant
native vegetation, as necessary, to enhance privacy from abutting properties. The
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landscaped open space required by this Section shall consist of pervious landscaped area
and shall not consist of any paved or otherwise impervious areas. The minimum height of
new trees for two -story homes shall be eighteen (18) feet. An inventory of existing trees
located onsite shall be prepared and submitted to the Planning Department as part of the
Environmental Review Preservation Board (ERPB) application. The required landscaped
plan shall be prepared by Florida Registered Landscape Architect consistent with the City's
Tree Ordinance.
,(9)-(8) Architectural and Site Plan Review. All new two -story homes or second story additions
shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the Land
Development Code. The design review must be based on sound and clearly articulated
design principles. The architectural plans must be signed and sealed by a Florida
Registered Architect.
(a) The ERPB shall consider and apply the following features as part of the review:
(i) Scale, color, texture, appropriateness, and aesthetic quality of all proposed
buildings and other structures;
(ii) Quantity, quality and arrangement of all proposed landscaping and open space
features;
(iii) Overall compatibility of the proposed development with the existing and
desired character of the property and neighborhood in which located; and
(iv) The installation of sidewalks along all arterial roadways and compliance with the
City's sidewalk policies and requirements.
(b) Designs should use a mix of articulation, architectural elements and exterior finishes
reducing the perceived scale and bulk of buildings, including low to moderately
pitched roofs and recesses under roof creating indoor /out door living spaces (terraces).
In considering the design of the building, the ERPB shall consider and apply Section
7(a)(i) thru (iii), and render a decision as to the adequacy of the elements in the design
concept including, but not limited to:
Trim
Shutters
Awnings and canopies
Windows (Fenestration)
Doors
Texture of surface
Colors
Roofs (materials, color, slope and overhang)
Planters
Window boxes
Walls, height, location, materials, design
Height of building
Location of structure on site
Site circulation in regard to pedestrian travel, parking, services, grades and landscaping
Location of exposed piping, conduits and rain water leaders
The impact on adjacent properties of continuous two story walls
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All lighting (height, location and style)
(c) A Comprehensive Neighborhood Analysis, photographs of the site, and a statement
explaining how the proposed building complies with the architectural style surrounding
the site must be submitted as part of the ERPB application. The ERPB shall require
changes to the plans to ensure that the design preserves the existing architectural style
of the neighborhood, unless specified to the contrary, and promotes design excellence
in the community. The ERPB, as part of the its application for review, shall require the
submission of photographs of both sides of the street and all abutting properties, on the
block where the new two -story home or two -story addition is to be constructed.
(d) The architectural context includes the height, scale, massing, separation between
buildings, and style in regard to how buildings and structures relate to each other
within a specified area. Architectural context allows for differences in height, scale,
massing, and separation between buildings and style, when such differences contribute
to the overall harmony and character of the area. The ERPB shall not take into
consideration existing buildings and structure that are out of context with the area
when considering whether a new building or structure or a substantial addition to an
existing building or structure is in context with both sides of the street on the block
where it is located and surrounding properties. The ERPB shall review the building or
structure in the context of that area in which the site is located when a new building or
structure or a substantial addition to an existing building or structure is located on a
building site that is on the border of two areas that have different character or content.
(e) The Planning Director shall have the administrative discretion to require the above
review process to be accomplished prior to a Planning Board public hearing on the
proposed development application.
(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.
(4- 0)Historie Preservation Board Review. Construction of a two -story home or a second story
additions or alterations to existing homes in the City's Historic District shall be reviewed by
the Historic Preservation Board and ERPB. The Historic Preservation Board shall review the
application for consistency with the City's historic preservation guidelines, requirements set
forth in this section, and the standards for the issuance of a Certificate of Appropriateness set
forth in the Land Development Code. The Board shall also determine compatibility with the
guidelines in the specific Historic Designation Report. The Historic Preservation Board
recommendations shall be submitted to the ERPB for consideration. The ERPB shall give
consideration to the findings of the Historic Preservation Board as part of its review for the
purpose of determining consistency with the requirements set forth in this section.
04)- Development Standards. The development standards are based on percentage of lot size
consistent with the table provided below. The lot size that does not exactly match table 2
shall be rounded -e€f up to the next highest lot size in order to determine the appropriate lot
size.
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(Ord. No. 2 -90 -1445, 1 -2 -90; Ord. No. 2 -92 -1497, 1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord.
No. 23 -94-
1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No.
8 -97 -1629, §
1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2,94-07)
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. This ordinance shall be effective immediately after the adoption hereof.
TABLE 2
New Two -Story Single - Family Residential and Second
Story Additions
Percentage Requirements
for Maximum Building Coverage,
Impervious Coverage and FAR
Lot Size
Maximum Building
Maximum Impervious
Maximum Floor
Coverage
Coverage
Area Ratio
5,000
0.300
0.450
0.550
6,000
0.300
0.450
0.525
7,000
0.300
0.438
0.500
8,000
0.300
0.425
0.475
9,000
0.300
0.413
0.450
10,000
0.300
0.400
0.450
11,000
0.300
0.400
0.450
12,000
0.300
0.400
0.450
13,000
0.300
0.400
0.450
14,000
0.300
0.400
0.450
15,000
0.300
0.400
0.450
16,000
0296
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
(Ord. No. 2 -90 -1445, 1 -2 -90; Ord. No. 2 -92 -1497, 1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord.
No. 23 -94-
1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96; Ord. No.
8 -97 -1629, §
1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2,94-07)
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
10
day of , 2010
APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
(New wording in bold and underlined, wording removed in oft4 )
Z:1Comm Items120M9- 21- l01LDC Text Amend Two -story Single- FamiivlLDC Amend Two -story Ordinance
numbered.doe
To: Honorable Chair and
Planning Board Members
From: Thomas J. Vageline. Director
Planning and Zoning Departme 00�
Date: July 13, 2010
Re: LDC Text Amendment
Two -Story Single Family
Structure Sec. 20- 3.5(E) and
Sec. 20- 3.5(H)
PB -10 -012
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20- 3.5(E), entitled
"Dimensional Standards Single Family Districts" by transferring all provisions
related to two story single family structures to existing Section 20- 3.5(H), entitled
"Special dimensional and performance standards for two -story single structure and
two -story additions "; and malting technical adjustments to Section 20- 3.5(H);
providing for severability; providing for ordinances in conflict; and providing an
effective date.
BACKGROUND
On 2007, the Planning and Zoning Department conducted a series of workshops and
studies to review and analyze architectural design of two -story single family structures
within the City of South Miami residential zoning districts. One of the issues closely
studied was the massing of the second floor in relation to the first floor on two -story
single- family structures on the existing character of the neighborhoods. This analysis
included all five single- family districts, RS -1, RS -2, RS-3, RS -4 and RS -5. As a result,
this process lead to Ordinance number 27 -07 -1928, which was passed and adopted on
September 4, 2007, with a Commission vote of 5 -0.
The change adopted resulted in more restrictive design guidelines and dimensional
requirements for new two -story single- family structures and two -story additions
throughout the City of South Miami, specifically all five single - family residential
districts. These are found in Section 20- 3.5(H), entitled "Special dimensional and
performance standards for two -story single structure and two -story additions ".
Prior to the adoption of Ordinance number 27 -07 -1928, in September 2007, the Land
Development Code regulated design guidelines and dimensional requirement for both
one -story and two -story design in Section 20- 3.5(E), entitled "Dimensional Standards
Single Family Districts ".
CDC Amendment
July 13, 2010
2
CURRENT LDC REGULATIONS
The Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards Single
Family Districts ", which regulates dimensional standards for both one -story and two -
story design single family districts and must be consistent with Section 20- 3.5(H),.
entitled "Special dimensional and performance standards for two -story single structure
and two -story additions ", added t0 the Land Development Code at a later date.
In order to avoid a potential design conflict, provide consistency within the Code, and
have a clear distinction as to the dimensional requirements between a one -story and a
two -story single - family residential design regulations, minor revisions are being proposed
to Sec. 20 -3.5 (A), (C), (E) and (H), as shown on the attached pages. The corrections
removed are being shown as deleted ( 44w4+ouig h) and the new wording is shown in
bold underlined.
RECOMMENDATION
It is recommended that the proposed amendments be approved.
Attachments:
ordinance No. 27 -07 -1928
Public Notices
TJV /LCIi Y:\PB \PB Agendas Staff Reports\2010 Agendas Staff Reports \7- 13- 10\PB -10 -012 LDC Amend
Two -Story Single - Family Correction.doc
LDC Amendment
July 13, 2010
LDC PROPOSED AMENDMENT
(new wording shown in bold/underlined; wording to be removed shown in- strtke- Ehreughj
Section 20 -3.5 Dimensional requirements.
(A) Residential Districts. In residential districts, the maximum
density, minimum lot area and frontage, minimum yard setbacks,
maximum coverage and maximum building heights for the permitted uses
in each district shall be determined from the Dimensional Requirements
Table for either single- family residential districts one -story (Section 20-
3.5(E)) or single - family residential districts two -story (Section 20-
3.5 H or multi - family districts (Section 20- 3.5iFl).
(B) Nonresidential Districts. In nonresidential districts, the
minimum lot area and frontage, minimum yard setbacks, maximum floor
area, maximum coverage and maximum building heights for permitted
uses in each district shall be determined from the Dimensional
Requirements Table for nonresidential districts (Section 20- 3.5iG)).
(C) Dimensional Requirement Tables.
(1) The use of land and the erection of buildings and other
structures on land shall be subject to the dimensional
requirements of the applicable zoning district, as reflected on
the three four tables labeled "Dimensional Requirements,
Single - Family Residential Districts, One - Story" (Section 20-
3.5iE)) or °BDamens►onal Requirements, Single- Family
"Dimensional Requirements, l
20- 3.5iF)) and "Dimensional
Districts" (Section 20- 3.5iGj).
ulti- family Districts" (Section
Requirements, Nonresidential
(2) There shall be no variation or deviation from such dimensional
requirements except where expressly allowed by this Code.
(3) Minimum and maximum dimensional requirements for
permitted uses within a PR or PI use district shall be the same
as those listed in the following tables for uses within the most
restrictive use district located adjacent to the subject PR or PI
property.
LDC Amendment
July 13, 2010
(D) Properties Abutting Single- Family Zoning Districts.
(1) Notwithstanding the dimensional requirements of the zoning
use district in which a property is located, if that property is
abutting (common border or separated by a right -of -way) to a
single - family zoning district the maximum height of any new
building or any vertical addition to an existing building on that
property is limited to two stories, however, additional height
may be obtained via the special use permit process as set forth
in Section 20 -5.8.
(2) Properties or projects constructed under a city approved
Planned Unit Development Site Plan or projects subject to
Development Agreements during the period that the
Agreement is in effect, shall not be subject to the provisions of
this section. In no case shall a project be rebuilt which exceeds
the height, setback or density that was set forth in the
Development Agreement or applicable Planned Unit
Development Site Plan.
(3) Properties presently existing and actually built on the effective
date of this ordinance shall be grandfathered in and exempted
from the provisions of this section and allowed to be rebuilt to
the same height if they are destroyed by an act of God or other
natural disaster.
LDC Amendment
July 13, 2010
5
Section 20 -3.5E
DIMENSIONAL REQUIREMENTS
SINGLE - FAMILY RESIDENTIAL DISTRICTS - ONE -STORY
REQUIREMENT
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
Min. Yard Setbacks (ft.)
Front
Rear
Side (Interior).
Fiar3.4wture42L vi
Ies"*4 m* , ""
measa.ca aa_i� 4m he
Peetien -of
�if�rn €doer
£snished#teer
elevotieu
RS -t RS -2 RS -3 RS -4 RS -5
40,000 15,000 10,000 6,000 6,000
125 100 75 60 50
50
35
25
25
25
25.
25
25
25
25
12.5
z5
10
20
7.5
4-S ------
7.5b
40. --43
7.5b
Side (Street) 20 15 15 15 15
Max. Building Height
Steties-
Feet 25 25 25 25 25
Max. Building Coverage ( %) First floor 20 30 30 30 30
Seeend- floor: %o
the- iPA r',oe _ 60 60- 60 60—bo^
Max. Impervious Coverage ( %) 30 40 40 45 45
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
b Except that additions to existing structures may have 5 feet interior side setbacks
where any portion of the building already has a 5 feet setback.
less in lot width, me as 'Le first floof-sethaekr
LDC Amendment
July 13, 2010
Section 20 -3.5H
DIMENSIONAL REQUIREMENTS
SINGLE - FAMILY RESIDENTIAL DISTRICTS - TWO -STORY
REQUIREMENT RS -1 RS -2 RS -3 RS -4 RS -5
Min. Lot Size
Net Area (sq. ft.) 40,000 15.000 10,000 6-,000 6_,000
Frontage (ft.) 125 loo 75 60 50
Min. Yard Setbacks (ft.)
Front 50 35 25 25 25
Rear 25 25 25 25 25
Side (Interior). For structure 12' or Refer to Table 1
less in height, as
measured from the
first floor finished
floor elevation
Portion of Refer to Table I
structure above 12'
high as measured
from the first floor
finished floor
elevation
Side (Street) 20 15 15 15 15
Max. Building Height
Stories 2 2 2 2 2
Feet 25 25 25 25 25
Max Building Coverage M) First floor Refer to Table 2
Max Impervious Coverage M) Refer to Table 2
Max Floor Area Ratio ( %) Second floor Refer to Table 2
a Cumulative width of both side yards shall be not less than 20 percent of total lot
width.
(14) Special dimensional requirements and performance standards for two -story single
family structure and two story additions.
(A) Purpose. The purpose of this ordinance is to establish special dimensional
requirements and performance standards to regulate two -story single family
structures and two -story additions within the residential zoning districts: "RS -1"
Estate Residential "RS -2" Semi- Estate Residential "RS -3" Low Density Sinlrle-
Family Residential "RS -4" Single- Family Residential and "RS -5" Single
Family Residential (50' lots) of the City of South Miami.
(B) Applicability. The requirements of this Section shall be in addition to each and every
other requirement of the City of South Miami Land Development Code (Code), and
in the case of conflict, the provision of this Section shall control.
LDC Amendment
July 13, 2010
7
(C) Performance Standards. The performance standard set forth in this section will guide
the development of two -story residential homes in the single family residential
districts: RS -1 RS-2,_ RS -3 RS -4 and RS -5. The performance standards are
necessary in order to address yard setbacks, open space, adequate landscaping, plan
review process, and existing character of the residential neighborhoods in the City of
South Miami. By implementing these standards the city will be able to preserve and
enhance the neighborhood character through architectural designs that are consistent
and responsive to the individual context of the city architecturally diverse
neighborhoods.
(1) Building Site. The development of two -story residential homes shall be
constructed on a lot that is suitable for residential development, provides
adequate setbacks and the necessary infrastructure to support the development.
(2) Minimum Lot Size. The minimum lot size for residential homes shall be subject
to the dimensional requirements set forth in the Land Development Code table
labeled "Dimensional Requirements Single- Family Residential District Two
Std" Section 20- 3.5(H). (eetien( For irregular shaped lots, the
average lot width rather than the frontage width shall be used at the discretion of
the Planning Director.
for a single
of the b
(4) Yard Setback Requirements. No building or structure, or any part thereof,
including covered porches or terraces, but not including uncovered steps,
projections shall be erected at a lesser distance from the front, side or rear line of
any building site than the front, side or rear setback distance, respectively,
prescribed and established herein for such building site. Nothing herein shall
prohibit a building or structure from having more than the minimum required
setbacks.
(a) Side Setbacks (Interior). Refer to Table 1: "Proposed Preliminary Minimum
Side Yard Setbacks."
Side yards shall be measured from the closest point of the structure's vertical
outside wall to the side lot line, on a bearing parallel to the front lot line, at
ground level. Cumulative width f h • 4erier •a . and , ,, , l
LDC Amendment
July 13, 2010
N
TABLE 1
New Two -Story Single Family Residential and Second Story Additions
Minimum Setbacks Requirements
(Interior Lot)
Existine Lot Fronts e ft.
40-44
45 -49
50-54
55-59
60-64
65-69
70 -74
75 -+
First Floor
Interior Side Setback a
7.5
7.5
7.5
7.5
7.5
8.5
9.5
10.0
Second Floor
Interior Side Setback b
7.5
9.0
10.0
11.0
12.0
13.0
14.0
15.0
a Except that additions to existing structures may have 5 feet interior side setbacks
where any portion of the building already has a 5 feet setback.
b
floor setback.
(b) Front Setback. The minimum front setback shall be consistent with the
dimensional requirements reflected on the Land Development Code table
labeled "Dimensional Requirements Single - Family Residential District Two
Story" (Section 20- 3.5(1 -1)), (Se a- 3.5(£x .
(c) Side Setbacks (Street). The minimum side setback (street) for structure that
abuts a street shall be consistent with the dimensional requirements reflected
on the Land Development Code table labeled "Dimensional Requirements
Single - Family Residential District Two Story" (Section 20- 3.5(H)).
(Section 20-3-.-5(4;#.
(d) Rear Setback. The minimum rear setback of twenty -five (25) feet shall be
maintained and required on principle .buildings in the single - family
residential district, as reflected on the Land Development Code table labeled
"Dimensional Requirements Single - Family Residential District Two Story"
(Section.20- 15(H)). (Seetien- 20- 3 ,5(13,)}
(3) Building Height Limit. No single - family residential home shall be built in the
City of South Miami that is more than two - stories in height. The maximum
building height for two -story homes shall not exceed twenty -five (25) feet.
CDC Amendment
July 13, 2010
9
Maximum Building Coverage The maximum building coverage permitted
for a two -story single family residence shall be determined for for each
application by using the dimensional requirements set forth in Table 2,
Section (C)12 Development Standards.
Maximum Impervious Coverage The maximum impervious coverage
permitted for a two -story single - family residence shall be determined for
each application by using the dimensional requirements set forth in Table 2
Section (C)12 Development Standards.
Maximum Floor Area Ratio The maximum floor area ratio permitted for a
Development Standards.
M (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front
yard area shall be green space. All yard areas shall be landscaped with trees and
drought resistant native vegetation, as necessary, to enhance privacy from
abutting properties. The landscaped open space required by this Section shall
consist of pervious landscaped area and shall not consist of any paved or
otherwise impervious areas. The minimum height of new trees for two -story
homes shall be eighteen (18) feet. An inventory of existing trees located onsite
shall be prepared and submitted to the Planning Department as part of the
Environmental Review Preservation Board (ERPB) application. The required
landscaped plan shall be prepared by Florida Registered Landscape Architect
consistent with the City's Tree Ordinance.
M-(s) Architectural and Site Plan Review. All new two -story homes or second story
additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the
Land Development Code. The design review must be based on sound and clearly
articulated design principles. The architectural plans must be signed and sealed by
a Florida Registered Architect.
(a) The ERPB shall consider and apply the following features as part of the
review:
(i) Scale, color, texture, appropriateness, and aesthetic quality of all
proposed buildings and other structures;
(ii) Quantity, quality and arrangement of all proposed landscaping and
open space features;
LDC Amendment
July 13, 2010
10
(iii) Overall compatibility of the proposed development with the existing
and desired character of the property and neighborhood in which
located; and
(iv) The installation of sidewalks along all arterial roadways and compliance
with the City's sidewalk policies and requirements.
(b) Designs should use a mix of articulation, architectural elements and exterior
finishes reducing the perceived scale and bulk of buildings, including low to
moderately pitched roofs and recesses under roof creating indoor /out door
living spaces (terraces). In considering the design of the building, the ERPB
shall consider and apply Section 7(a)(i) thru (iii), and render a decision as to
the adequacy of the elements in the design concept including, but not limited
to:
Trim
Shutters
Awnings and canopies
Windows (Fenestration)
Doors
Texture of surface
Colors
Roofs (materials, color, slope and overhang)
Planters
Window boxes
Walls, height, location, materials, design
Height of building
Location of structure on site
Site circulation in regard to pedestrian travel, parking, services, grades and
landscaping
Location of exposed piping, conduits and rain water leaders
The impact on adjacent properties of continuous two story walls
All lighting (height, location and style)
(c) A Comprehensive Neighborhood Analysis, photographs of the site, and a
statement explaining how the proposed building complies with the
architectural style surrounding the site must be submitted as part of the ERPB
application. The ERPB shall require changes to the plans to ensure that the
design preserves the existing architectural style of the neighborhood, unless
specified to the contrary, and promotes design excellence in the community.
The ERPB, as part of the its application for review, shall require the
submission of photographs of both sides of the street and all abutting
properties, on the block where the new two -story home or two -story addition
is to be constructed.
LDC Amendment
July 13, 2010
11
(d) The architectural context includes the height, scale, massing, separation
between buildings, and style in regard to how buildings and structures relate
to each other within a specified area. Architectural context allows for
differences in height, scale, massing, and separation between buildings and
style, when such differences contribute to the overall harmony and character
of the area. The ERPB shall not take into consideration existing buildings and
structure that are out of context with the area when considering whether a new
building or structure or a substantial addition to an existing building or
structure is in context with both sides of the street on the block where it is
located and surrounding properties. The ERPB shall review the building or
structure in the context of that area in which the site is located when a new
building or structure or a substantial addition to an existing building or
structure is located on a building site that is on the border of two areas that
have different character or content.
(e) The Planning Director shall have the administrative discretion to require the
above review process to be accomplished prior to a Planning Board public
hearing on the proposed development application.
(10) (9)Findings. The ERPB shall determine approval or disapproval of the proposed
designed plans. The Board shall prepare a written determination in order to state the
intent of its decision. The written determination shall be filed with the Planning
Department for inclusion in the project record.
O- 9)Historic Preservation Board Review. Construction of a two -story home or a
second story additions or alterations to existing homes in the City's Historic District
shall be reviewed by the Historic Preservation Board and ERPB. The Historic
Preservation Board shall review the application for consistency with the City's
historic preservation guidelines, requirements set forth in this section, and the
standards for the issuance of a Certificate of Appropriateness set forth in the Land
Development Code. The Board shall also determine compatibility with the
guidelines in the specific Historic Designation Report. The Historic Preservation
Board recommendations shall be submitted to the ERPB for consideration. The
ERPB shall give consideration to the findings of the Historic Preservation Board as
part of its review for the purpose of determining consistency with the requirements
set forth in this section.
04)- Development Standards. The development standards are based on percentage of
lot size consistent with the table provided below. The lot size that does not exactly
snatch table 2 shall be rounded -aff lip to the next hilzhest lot size in order to
determine the appropriate lot size.
LDC amendment
July 13, 2010
12
(Ord. No. 2 -90 -1445, 1 -2 -90; Ord. No. 2 -92 -1497, 1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9-
17-93; Ord. No. 23 -94-
1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96;
Ord. No. 8 -97 -1629, §
1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07)
TABLE 2
New Two -Story Single - Family Residential and Second
Story Additions
Percentage Requirements for Maximum Building
Coverage,
Impervious Coverage and FAR
Lot Size
Maximum Building
Maximum Impervious
Maximum Floor
Coverage
Coverage
Area Ratio
5,000
0.300
0.450
0.550
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
0288
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
0368
0.402
24,000
0.264
0.364
0.396
25,000
0260
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
0228
0.328
0.342
34,000
0.224
0.324
0.336
35,000
0.220
0.320
0.330
36,000
0.216
0.316
0.324
37,000
0.212
0.312
0.318
38,000
0.208
0.308
0312
39,000
0.204
0.304
0.306
40,000+
0.200
0.300
0.300
(Ord. No. 2 -90 -1445, 1 -2 -90; Ord. No. 2 -92 -1497, 1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9-
17-93; Ord. No. 23 -94-
1573, § 1, 12- 20 -94; Ord. No. 8 -95 -1581, § 3, 6 -6 -95; Ord. No. 1 -96 -1601, § 1, 1- 16 -96;
Ord. No. 8 -97 -1629, §
1, 4 -1 -97; Ord. No. 17- 03- 1801A, § 1, 9 -2 -03; Ord. No. 27 -07 -1928, § 2, 9 -4 -07)
ORDINANCE NO. 27-07-1928
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20-
3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE
STANDARDS FOR TWO -STORY SINGLE .FAMILY STRUCTURES AND
TWO -STORY ADDITIONS "; INCLUDING MINIMUM LOT SIZE AND LOT
COVERAGE; MINIMUM YARD SETBACK; MAXIMUM BUILDING
HEIGHT; MAXIMUM BUILDING COVERAGE; MAXIMUM IMPERVIOUS
COVERAGE; LANDSCAPE REQUIREMENTS; ARCHITECTURAL AND
SITE PLAN REVIEW; FINDINGS; HISTORIC PRESERVATION BOARD
REVIEW; DEVELOPMENT STANDARDS; PROVIDING SEVERABILITY;
ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has expressed concern with the new
construction of two -story residential homes and the addition of a second story to
existing one story single family homes which may not be compatible with the scale
and massing of their existing residential neighborhood; and
WHEREAS, it is believed that the aforesaid new construction and additions
to existing single family residences are only the beginning of a trend that could
increase as older single family residences in the City are sold for demolition or
reconstruction; and
WHEREAS, the City Commission enacted a moratorium on the construction
of two -story homes on February 6, 2007, in order to provide sufficient time for the
City to study the various issues associated with the development of compatible two -
story homes; and
WHEREAS, the City Commission held a series of workshop .with the
Planning Board, Environmental Review Preservation Board, Historic Preservation
Board, residences, developers and interested stakeholders to discuss the impact of
compatible two -story homes on existing residential neighborhood; and
WHEREAS, on 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
Ord. bo. 27 -07 -1928
proposed ordinance be approved
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2. That the "Land Development Code. of the City South Miami"
shall be amended to incorporate a new Section 20- 3.5(H), entitled "Special
Dimensional and Performance Standards for Two -Story Single Family Structure and
Two Story Additions."
(A) Purpose. The purpose of this ordinance is to establish special dimensional and
performance standards to regulate two -story single family structures and two -story
additions within the residential zoning districts of the City of South Miami.
(B) Applicability. The requirements of this Section shall be in addition to each and
every other requirement of the City of South Miami Land Development Code
(Code), and in the case of conflict, the provision of this Section shall control.
(C) Performance Standards. The performance standard set forth in this section
will guide the development of two -story residential homes in the single family
residential district. The performance standards are necessary in order to address yard
setbacks, open space, adequate landscaping, plan review process, and existing
character of the residential neighborhoods in the City of South Miami. By
implementing these standards the City will be able to preserve and enhance the
neighborhood character through architectural designs that are consistent and
responsive to the individual context of the City architecturally diverse
neighborhoods.
(1) Building Site. The development of two -story residential homes shall be
constructed on a lot that is suitable for residential development, provides adequate
setbacks and the necessary infrastructure to support the development. .
(2) Minimum Lot Size. The minimum lot size for residential homes shall be subject
to the dimensional requirements set forth in the Land Development Code table
labeled "Dimensional Requirements Single - Family District" (Section 20- 3.5(E)).
For irregular shaped lots, the average lot width rather than the frontage width shall be
used at the discretion of the Planning Director.
(3) Maximum Lot Coverage. The building coverage for the first floor
area permitted for single family residences shall be equal to thirty (30) to twenty
g0j_- e�� percent of the building site depending on lot size as
shown in Table 2, Section (011.
2
Ord. N.o. 27 -07 -1928
(4) Yard Setback Requirements. No building or structure, or any part thereof,
including covered porches or terraces, but not including uncovered steps, projections
shall be erected at a lesser distance from the front, side or rear line of any building
site than the front, side or rear setback distance, respectively, prescribed and
established herein for such building site. Nothing 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."
TABLE 1
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
4044
T5
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 1
9.5
14.0
75 -+
10.0
15.0
Side yards shall be measured from the closest point of the structure's
vertical outside wall to the side lot line, on a bearing parallel to the front
lot line, at ground level. Cumulative width of both interior side yards
shall be not less than 20 percent of total lot width.
(b) Front Setback. The minimum front setback shall be consistent with the
dimensional requirements reflected on the Land Development Code table
labeled "Dimensional Requirements Single- Family District" (Section 20-
3.5(E)).
(c) Side Setbacks (Street). The minimum side setback (street) for structure
that abuts a street shall be consistent with the dimensional requirements
reflected on the Land Development Code table labeled "Dimensional
Requirements Single- Family District" (Section 20- 3.5(E)).
.Ord.,no. 27 -07 -1928
(d) Rear setback. The minimum rear setback of twenty -five (25) feet shall be
maintained and required on principle buildings in the single- family
residential district, as reflected on the Land Development Code table
labeled "Dimensional Requirements Single - Family District" (Section 20-
3.5(E)).
(5) Building Height Limit. No single family residential home shall be built in the
City of South Miami that is more than two - stories in height. The maximum building
height for two -story homes shall not exceed twenty -five (25) feet.
(6) Maximum Building Coverage/Impervious Coverage. The maximum building
coverage and impervious coverage shall be determined for each application by using
the dimensional requirements set forth in subsection 11.
(7) Landscape Requirements. A minimum of fifty (50) percent of the entire front
yard area shall be green space. All fiont=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, eRd 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.
M
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 fogw
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
Doeorative 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.
O
Ord. No. 27 -07 -1928
TABLE 2
New Two -Story Single Family Residential and Second Story Additions
Percentage Requirements for Maximum Building Coverage,
Imnpnrini is Cnvarnne 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
11,004
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
0256
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 1
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.
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 P// 4day of 4", 2007
O LERK
CITY,ji RNEY
1st Reading: 8/21/07
2nd Reading: 9/4/07
Commission Vote:"
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
P:\Comm Items\2007 \9- 4 -07\Mc Mansion Ordinance 8- 14- 2007Planning Board Hearin8.doc
5 -0
Yea
Yea
Yea
Yea
Yea
N
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
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI, PLANNING AND ZONING DEPT.
PUBLIC HEARING - JULY 13, 2010
in the XXXX Court,
was published in said newspaper in the issues of
07/02/2010
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 this advertise r publication in the said
per. me .
newspa " A
Sworn to and sybse*Ibed-ktefore me this
(SEAL)
V. PEREZ personally known to me
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FAX (305) 666w73
THURSDAY, JULY 8, 2010 1 111S
CITY OF SOUTH MIAMI
02s
Planning, and Zoning Department -
.6130 Sunset Drive; South Miami, Florida 33143:
Phone: (305) 66$ -6326; Fax ft: (305) 668 -7356
On Tuesday, July 13, 2010 at 7:30 P.M, the City of South Miami Planning Soon d will conduct public hearings in the City Commission Chambers at the above address
on the,foilowfng items: -
PB-10 -005 (continued)
,Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code by deleting Section 20- 3.1(E)
entitled "Business Outside a Building ", inserting new Section 20 -3.6 (V) to he entitled "Commercial Activity Conducted Outside of a- Building" in order to -
provide tegulations for alloying for on merchandise display on private property and public property; establishing limitations on type, location and `
extent.of outside merchandise display; providing a process for obtaining permits; and providing for exceptions for certain permitted uses; providing for
severability; providing for ordinances in conflict; and providing an effective date,.
P6 -10 -007 (continued):
Applicant: City otSouth Miami
An ordinance of fire Mayor and City Commission of the City of South: Miami, Florida, to amend Section 20- 3.3(0) of the Land Development Code entitled
"Permitted Use Schedule" in order to change tha'Group Home i use category from RP" Permitted use category to the "S" Special Use category;: and
amending ,Section 20 -3.4 entitled "Special usecopditions " -in order to set forth general and ,special requirements applicable to Group. Home fuses;
providing for saverabiifty; providing for ordinances m conflict; and providing an effective date. .
P6 -10 -011 -
Applicant: American. Car Detailing .
< Location: ' -.7301 SW 57th Coun
A Resolution of the Mayor add City Commission of the City of South Miami, relating to a request pursuant to Section 20- 13(0) of the Land. Development
Code for special use approval to operate a mobile "car wash'in on "SR(H0 -0V)" Specialty, Retail (Hometown District Overlay) zoning district, specifically
located in the parking, garage of Plaza 57 an office h0ilding at 7301 SW 57th Court;, and providing for an effective date.
PB -10 -of
.Applicant: City of 5outii Miami
An.Ardinance of the Mayor and City Commission of the City of,South Miami, Florida, amending the Land Development Code Section 20- 3.5(6);. entitled
- Dimensional Standards Single Family Districts" by transferring -OR provisions related to two story: single family structures to'existing Section 20- 3,5(H)
.entitled "Spedai.dimenshmal and performance . standards for two -story single stroctore.and two -story additions "; and making technical adjustments to
Section ZO- 3.5(R); providing for severability; providing for ordinances to conflict; and providing an effective date. -
Local Planning Agency
On Tuesday, July 13, 2010 at 7:30 P.M., the City of South Miami Planning Board acting in its capacity as the Local Planning Agency will conduct public hearings in
the City.Commission Chambers at the above address on the following amendments to the Comprehensive: Plan Future Land Use Map:. -
PO 10013 '.
Applicant: City of South Miami.
Location: 6820 SW 64Avenue
An Ordinance of. ile.Mayor and City Commission of the City of South Miami Florida, amending file Future Land Use Map of the South Miami Comprehensive Plan
by changing the, future land use category from Single - Family Residential (Two -Story) to Parks and Open Space for the property identified as All-America Park
located at 6620 SW 64 Avenue (Folio No. 09- 4025 - 000 - 0930); providing for severability; providing for ordinances in conflict;, and providing an effective date.
'PB -10 -014
- Applicant: City of South Miami - -
Location: 7800SW59Avenue r '
An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South. Miami Comprehensive
-Plan by changing the future land use category from Single- Family Residential (Tvm> Story) to Parks and Open Space for the property identified as Van Smith.
Park located at 7800 SW 59 Avenue (Folio he; 09 -9036 -039 -0020 and Folio No. 09- 4036 - 039- OD25);,providing for severabiifly; providing for ordinances in,
conflict; and providing an effective date ` ..
P6 -10 -015
Applicant; City of South Miami
Location:- 8051 SW 58 Avenue
An Ordinance of the Mayor and City Commission of the City of South. Miami Florida; amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use category from Single- Family Residential (Two- Stm'y) to Parks and Open Space for the property identified as Dison Park
located at 6051 SW 50 Avenue (Folio No. 09- 4036 -000. 0526); providing for severability; providing for ordinances in conflict; and providing an effective date.
78.10 -076
Applicant:. City of South Miami
Location: 7435 SW 66 Avenue +
An Ordinance of the Mayor and City Commission of the CH of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use category front Educational (Four-Story) to Single- Family Residential (Two -Story) for the property identified as
the Region residence located at 7435 SW 66 Avenue (Folio No. 0914036- 050 - 0020); providing for severability; providing for ordinances in "(aonflict; and
providing an effective date.
All interested parties are urged to attend. Objections or expressions of approval may be made In person at the hearing or tiled in writing prior to or at the hearing:
The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area Involved. Interested parties
.requesting information areasked to contact the Planning and Zoning Department by calling 305- 663 -6326 or writing to the address Indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a
record of the proceedings, and for such purpose 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 TFSr286.0105). Refer to hearing number when making any inquiry
CITY OF SOUTH MIAMI DRAFT
PLANNING BOARD
Regular Meeting
MEETING MINUTES
Tuesday, July 13, 2010
City Commission Chambers
7:30 P.M.'�1u
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 9:20 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr.
Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Secretary).
Deputy City Attorney: Mr. Mark Goldstein
III. Administrative Matters:
No Administrative Matters
IV. Planning Board Applications/Public Hearings
PB -10 -012
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
amending the Land Development Code Section 20- 3.5(E), entitled "Dimensional Standards
Single Family Districts" by transferring all provisions related to two story single family
structures to existing Section 20- 3.5(H), entitled "Special dimensional and performance
standards for two -story single structure and two -story additions'; and making technical
adjustments to Section 20- 3.5(H); providing for severability; providing for ordinances in
conflict; and providing an effective date.
Action: Mrs. Yates read the item into the record.
Planning Board Meeting
July 13, 2010
Page 2 of 3
Mrs. Cabrera - Hernandez informed the Board that the item is a technical amendment clarification
to the Land Development Code. This is being done to avoid a design conflict and to provide
consistency within the Code. LDC Section 23.5 (E) entitled "Dimensional Standards Single
Family Districts ", regulates dimensional standards for both one -story and two -story design single
family districts and must be consistent with Section 20- 3.5(H), entitled "Special dimensional and
performance standards for two -story single structure and two -story additions ". In 2007, this later
section was added to the Land Development Code by Ord. No. 27 -07 -1928. Currently, the Land
Development Code Section 23.5 (E), allows for the second floor a sixty percent maximum
building coverage for the first floor for all single - family zoning districts. This is no longer
applicable since Section 23.5 (H) overrides with more restricted design guideline and
dimensional requirements for two -story single family structures. Staff is recommending that in
order to avoid a potential design conflict, provide consistency within the Code, and have a clear
distinction as to the dimensional requirements between a one -story and a two -story single - family
residential design regulation, minor revisions are being proposed to Sec. 20 -3.5 (A), (C), (E) and
(H).
Mrs. Yates questioned if this item was a public hearing. Mr. Goldstein responded that it is a
public hearing, but not a quasi-judicial hearing.
The Chair opened the public hearing.
No speakers
The Chair closed the public hearing.
Mrs. Young questioned the Special Dimensional Standards. Mrs. Cabrera - Hernandez responded
that was a portion that was added to the Land Development Code at a later date. She commented
that Section 23.5 is labeled (H) since all the other letters are taken previously.
Mr. Morton questioned if the floor area ratio is reducing the buildable area, was that the intent.
Mr. Vageline replied that when the Code was changed to add (H) a few years ago it created a
conflict with certain sections of the Code. What was found was that applicants would come in to
review a proposed single - family home plan they would discover that the second floor
requirement was sixty percent of the first floor. Then drawings were incorrect since they did not
look at the table in (H) section. If the issue is clarified, the numbers will all be in one place that
should be easier for the applicants.
Motion: Mrs. Beckman moved to defer the application in order to review the item. Mr.
Whitman seconded.
Vote: 1 Ayes 5 Nays
Mr. Whitman commented that table one on page eight is inconsistent with (b) for Minimum
Setback requirements. Mrs. Yates responded that if the individual is building on a new lot the
setback has to be 10 feet on the second floor. However, if you're in an existing old building the
Planning Board Meeting
July 13, 2010
Page 3 of 3
dimensions would be 7.5. Mr. Vageline commented that section (b) comes from the old
Dimensional Requirements for a one story building in the single family residential districts.
Mr. Morton commented that wording "new lot" needs to be changed to vacant.
Mrs. Beckman questioned what is a pre - existing improved lots. Mrs. Yates commented that it is
an existing lot with a building that could have additions made.
Mr. Cruz commented that there could be some modifications instead of deferring the item.
Mrs. Yates commented that there needs to be clarifications and make sure it is correct.
Motion: Mr. Cruz moved to approve the proposed amendment as presented. Mrs. Young
seconded.
Vote: 5 Ayes 1 Nays (Mrs. Beckman)
V. MINUTES:
Minutes of the June 15, 2010 will be distributed at the next meeting. (Tuesday, August 10,
2010).
VI. Adjournment:
Action: There being no further business before the Board, Mrs. Yates adjourned the Planning
Board meeting at 11:30 P.M.
TJV /SAY
X: \PB\PB Minutes\2010 Minutes\ 7- 13- 2010U.PA.Minutes.7.13.2010.doc