16THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA:
FROM:
DATE:
SUBJECT:
Steven Alexander, City Manager
Jane K. Tompkins, AICP, Planning Director~lk
June 7, 2016 Agenda Item NO.:i.h
An Ordinance amending the Land Development Code, Article III, "Zoning Regulations,"
Section 20-3.6, "Supplemental Regulations," to amend and clarify the height limitations on
fences, walls, hedges and similar features in residential zoning districts.
BACKGROUND:
When reviewing the City's physical barrier regulations, Section 20-3.6(H} of the Land
Development Code (LDC), it was found that, while the current provisions address the front
setback area of properties that are considered interior lots, clarification was needed when
determining the fence height for properties that are considered corner lots.
ANALYSIS:
In order to properly address the height of fences for properties that are considered to be corner
lots, an amendment to Section 20-3.6(H} is being proposed at this time. The sole amendment to
the physical barriers section identifies the area where the fence height for corner lots cannot
exceed four (4) feet. Previously, the LDC only required that the front setback area of any
residential property have a maximum height of four (4) feet. When applied to a corner lot, the
portion of the fence that fell within the front setback area was limited to a maximum height of
four (4) feet. Any portion of the fence that was outside of the front setback area could have a
maximum height of six (6) feet. Depending on the orientation of the residential structure on the
property, there may be a line of houses along a block face with uniform fence heights along
front property lines that are disrupted upon reaching a corner lot.
Section 20-3.6(H}(2}(c} will be amended to read:
"In the required front setback area adjacent to a right-af-way, and in the side
setback area facing a street far corner lats where the lats an the same block face
have front yards, fences, walls, trellises, gates and hedges shall not exceed four
(4) feet in height above grade with the following exceptions:"
By making the proposed amendment listed above, corner lots will be required to have a
maximum height of four (4) feet, causing them to conform to the fence heights of the
remainder of the block face, and not be a disruptive design element.
Corner Lot Fence Height Text Amendment
June 7, 2016
Page 2 of 2
PLANNING BOARD ACTION:
After the public hearing held on the item at the Planning Board's May 10, 2016 meeting, the
Board recommended approval of PB-16-012 with a vote of 2 to 5.
RECOMMENDATION:
It is recommended that the City Commission approve the proposed amendment to the Land
Development Code.
Attachments:
• Draft Resolution
• Draft Planning Board Meeting Minutes Excerpt, dated May 10, 2016
1
2
3
4
5
6
Ordinance No. ________ _
An Ordinance amending the Land Development Code, Article III, "Zoning
Regulations," Section 20-3.6, "Supplemental Regulations," to amend and clarify
the height limitations on fences, walls, hedges and similar features in residential
zoning districts.
7 WHEREAS, the development of comer lots with respect to which are the front or side streets
8 of the lot are sometimes confusing; and
9
10 WHEREAS, the Land Development Code provides in Section 20-3.6(F)(4) that "In
11 determining which streets are the frontage and side streets, the director of building and zoning shall
12 be guided by the existing development pattem[;]" and
13
14 WHEREAS, there may be a line of houses along a block face with uniform fence heights
15 along front property lines that are disrupted upon reaching a comer lot, which applicable regulations
16 would treat that same portion of the block face as a side setback area and side property line; and
17
18 WHEREAS, it is important for compatibility of urban design that the nonconformity of
19 fences on the side setback areas and side property lines of comer lots be made to conform to the
20 uniformity of height ofthe remainder ofthe block face, and not be a disruptive design element; and
21
22 WHEREAS, at the May 10, 2016 public hearing of the Planning Board, the board
23 recommended approval with a vote of 2 to 5 for the proposed text amendment; and
24
25 WHEREAS, the City Commission desires to adopt this ordinance to accomplish the above
26 objectives.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Section 1. Article III, "Zoning Regulations," Section 20-3.6, "Supplemental Regulations," of the
32 Land Development Code, City of South Miami, Florida, is hereby amended and shall read as follows:
33 20-3.6 -Supplemental regulations.
34
35 (H)
36
37
38
39
40
41
42
* * *
Physical Barriers.
(I)
(2)
All fences, walls, trellises and hedges may be erected on or along a property line, but
shall not extend into official public rights-of-way or project on or over adjacent
properties.
Height limit.
Residential:
(a)
of-way.
Chain link fences will not be permitted on required yards adjacent to a right-
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
(b) In all yards, fences, walls, and trellises (excluding arbors) shall not exceed six
(6) feet in height above grade, unless further restricted ell66j9t as provided in (c) below.
(c) In the reEJtlirea freRt setback area!> adjacent to a right-of-way, and along that
portion of a rear setback area that is adjacent to the front yard of an ajoining property, fences,
walls, trellises, gates and hedges shall not exceed four (4) feet in height above grade with the
following exceptions:
*
(i) Wooden fences exceeding four (4) feet in height adjacent to a right-
of-way in required front setback areas shall provide for a minimum of sixty (60)
percent open area for all portions between four (4) and six (6) feet in height above
grade. The graphic "Wooden Fence Types" includes an example of both an
unacceptable and acceptable prototype.
* *
13 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
14 Land Development Code ofthe City of South Miami as amended.
15 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
16 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
17 affect the validity of the remaining p~rtions ofthis ordinance or the Guidelines adopted hereunder.
18 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
19 parts of sections of ordinances in direct conflict herewith are hereby repealed.
20 Section 5. Effective Date. This ordinance shall become effective upon enactment.
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
PASSED AND ENACTED this __ day of _____ , 20_
ATTEST:
CITY CLERK
I st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
Page 2
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Wednesday, May 10, 2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies persons who are retained with or
without compensation to influence any action, decision, with the city, including the
city manager~ city attorney~ department heads, city personnelJ or of the city commission or members oj
any city board, concerning a matter that could foreseeably be city commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present. information at public meetings,
representatives of a neighborhood association of a not-far-profit
community based organization for the purpose influence without special
compensation.
Individuals who wish to view or video"versior1s of the
I. Call to Order
II. Roll Call
(Chairman), Ms. Fischer (Vice-
City Staff
Director), Mr.
Attorney).
Kamali (Deputy City Manager), Mrs. Jane Tompkins (Planning
LightfoQ~(~;enior Planner/Zoning Administrator), and Gary M. Held {Land Use
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
Ms. Kamali introduced the Board to Jane Tompkins, the new planning director for the city. Mrs.
Tompkins then gave a brief presentation on her qualifications.
1
Ms. Kamali informed the Board that the applicant for PB-16-00S has requested to pull their item
and to have it appear before the Planning Board at their next meeting. Because of that, PB-16-00S
was not reviewed by the Board.
IV. Public Hearings
1. P8-16-012
Applicant: City of South Miami
An Ordinance amending the Land Development Code, Article III, "Zoning Regulations," Section
20-3.6, "Supplemental Regulations," to amend and clarify the height limitations on corner lots
in residential zoning districts.
Ms. Kahn read the item into the record.
Mr. Lightfoot presented the PB-16-012 to the
Mr. Basu asked if trellises cannot p""ppcLfllrli Mt;b.LighltfoIJt stated yes. Mr.
Held clarified the subject section of thE!'t;cJde
previous item that was withdrawn by Vice Maivolr .. IJ'.'els
H':"'dtc,~ is similar to the
Mr. Basu asked about the
aren't changing. The pnJp()se'd
asked what the definition was
not have a defini
and hedges s
four (4) feet., •
'ir> requirements
lots to the section. Mr. Basu then
responded that the LDC does
"" "", agreement that fences, walls
stiltei'Htihat gates could be higher than
:QQress,=o in Section 20-3.6(H)(2)(c)(iii)
tni~s,'ction into the record.
lises. Mr. Lightfoot stated that trellises along
Trellises that are not along the right of way
ifthey think that trellises should be excluded.
definitic,li:are 60% open. Dr. Philips then read Section 20-
'. heights of fences in neighborhoods around South Miami and gave
the height of the fence in the front yard was four (4) feet. Mr.
'6(H)(2)(c) into the record. Mr. Held stated that the proposed
ordinance . on corner lots the same as fences along the block face. Mr.
Greiner stated that fences through the city are built with a four (4) foot height. He also
stated that different materials were used. Last, Mr. Greiner mentioned that the best option
would be for fences on corner lots to just be consistent with the height and material used for
.other fences along the same block face.
The Chairperson opened the floor to public comments on P8-16-012 •
• Christopher Cooke-Yarborough -Support
The Chairperson closed the floor to public comments on P8-16-012.
2
Dr. Philips stated that crime prevention is the purpose for the fence height requirements as the
stand in the LDC.
Motion: Mr. Basu moved to approve PB-16-D12 as presented. The motion was seconded by Dr.
Philips.
Vote: Yes 2. No 5 (Greiner. Fischer. Kahn. Dr. Philips. Melow)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: No
Ms. Fischer: No
Ms. Kahn: No
Dr. Philips: No
Mr. Melow: No
V. Public Comments/New Business
. ...;i,<":-::"
The Chairperson opened the floor to public '~~~ments and any newbusih~$s.
Public Comments Section
No comments from the public.
New Business Section
No comments from.t4\'ii~ciBHc, ,K<,<> --.,<".\,
<{-;",:'
The Chairperson cI~§~~lne flo~;'to public corrirnents and any new business. -,., ': {:E>:. -'-' -;--;:--" >-',",
"'-:':;,<:<:1/iky il\~~'
Vote: Yes 7. i\I!.O.(None);~'
Mr. Basu: Yes; ~'.};;;< .
Ms. Glavey: Yes <~;,:
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
Mr. Melow: Yes
VII. Future Meeting Date:
A) June 14, 2016 at 7:00 P.M.
3
VIII. Adjournment
Mr. Greiner adjourned the meeting at 10:36 P.M.
4