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5827 SW 77 TERR_GREEN TREE PLANNING&ZONING DEPT. - s°"2n Miami 6130 SUNSET DRIVE SOUTH MIAMI,FL 33143 �{ ou•amerieecur TEL: 305-663-6326 FAX: 305-668-7356 ;'" . a ' 2002 - April 16, 2010 Mr. Mario Sueiras 5827 SW 77 Terrace South Miami, FL. 33143 Re: 5827 SW 77 Terrace South Miami, FL. Dear Ms. Sueiras: This letter is in response to your April 8, 2010 communication requesting information on constructing a new home at 5827 SW Terrace. The subject property is located in an "RS- 3" Single Family Residential Zoning District. 1. Limitations -2 Story residence-Attached is Ordinance No. 27-07-1928; provides specific regulations for construction of a two story residence. 2. Building Coverage- See attached Dimensional Requirement Chart for RS,-3. 3. Setbacks Main structure- See attached Dimensional Requirement Chart for RS-3 Swimming Pool— 12.5 feet from the rear property line. Accessory structures- 5 feet from the rear property line. 4. Lot size - See attached Dimensional Requirement Chart for RS-3. 5. Lot Width/Frontage - See attached Dimensional Requirement Chart for RS-3. If you have further questions or concerns, do not hesitate to contact this office at 305- 663-6326 % Sincerely, Thomas ageline, Dire 'or Planning and Zoning Department Attachments TJV/SAY X:\Zoning letters\5827 SW 77 Terrace.doe ZONING REGULATIONS 20-3.1 ARTICLE III. ZONING REGULATIONS 20-3.1 Zoning use districts and purposes. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan, the City is hereby divided into eighteen (18) zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20-3.3(D). A planned unit development (PUD) district is also created in Section 20-3.7. Standards shall .lie uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS-1 Estate Residential RS-2 Semi-Estate Residential RS-3 Low Density,Single-Family RS-4 Single-Family RS-5 Single-Family(50'lots) RT 6 Townhouse Residential . RT 9 Two-Familyflbwnhouse Residential RM-18 Low Density Multi-Family Residential RM-24 Medium Density Multi-Family Residential RO Residential Office LO Low-Intensity Office MO Medium-Intensity Office NR Neighborhood Retail SR Specialty Retail GR \General Retail TODD Transit-Oriented Development District H Hospital PI Public/Institutional P-R Parks and Recreation HP-OV Historic Preservation Overlay (B) District Purpose Statements. ' "RS-3"Medium Lot Single-Family Residential District. The purpose of this district is to provide for low-density single-family residential development located in a moder- ately spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family" on the city's adopted Comprehen- sive Plan. Supp.No. 9 20-3.5 SOUTH MIAMI LAND DEVELOPMENT 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.) 401000 15,000 10,000 6,000 6,000 Frontage(ft.) 125 100 75 60 50. Min.Yard Setbacks(ft.) Front 50 35 25 25 25 Rear 25 25 25 25 25 Side(Interior)' For struc- 12.5 10 7.-5 7.5b7.ib ture 12'or less in height,as mea- sured from the first floor finished floor ele- vation Portion of 25 20 15` IT 7.5 structure above 12' high as mea- sured from the first floor finished floor.ele- vation 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(%) First floor 20 30 30 30 30 Second 60 60 60 60 60 floor:% of the first floor 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. For pre-existing improved lots of record in the RS3 or RS4 districts,that are 50 feet or less in lot width, the second floor setback shall be the same as the first floor setback. Supp.No.8 50'. -ORDINANCE NO. 27-07-1928 AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 207 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 1 Ord. No. 27-07-1928 proposed ordinance be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being-true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That the "Land Development Code.of the City South Miami" shall be amended to incorporate a new Section 20-3.5(H), entitled "Special Dimensional and Performance Standards for Two-Story Single Family Structure and Two Story Additions." (A) Purpose. The purpose of this ordinance is to establish special dimensional and performance standards to regulate two-story single family structures and two-story additions within the residential zoning districts of the City of South Miami. (B) Applicability. The requirements of this Section shall be in addition to each and every other, requirement of the City of South Miami Land Development Code (Code), and in the case of conflict,the provision of this Section shall control. (C) Performance Standards. The performance standard set forth in this section will guide the development of two-story residential homes in the single family residential district. The performance standards are necessary in order to address yard setbacks, open space, adequate landscaping, plan review process, and existing character of the residential neighborhoods in the City of South Miami. By implementing these standards the City will be able"to preserve and enhance the neighborhood character, through' architectural designs that are consistent and responsive to the individual context of the City architecturally diverse neighborhoods. (1) Building. Site. The development of two-story residential homes shall be constructed on a lot that is suitable for residential development, provides adequate setbacks and the necessary infrastructure to support the development. (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject to. the dimensional requirements set forth in the Land Development Code table labeled "Dimensional Requirements Single-Family District" (Section 20-3.5(E)). For irregular shaped lots, the average lot width rather than the frontage width shall be used at the discretion of the Planning Director. (3) 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� 0) percent of the building site depending on lot size as shown in Table 2, Section (011. 2 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." TABLE 1 New Two-Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements Interior Lot 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 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. O 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 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 guality 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. 4 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 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 turd. '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. 6 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 Maximum Maximum Impervious Maximum Floor Lot Size Building 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 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 grarndfathered. 7 Ord. N©.. 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�44day of , 2007 TEST: AP ROVED: Y CLERK RXTOR Commission Vote: 5-0 READ AND APPROVED AS TO FORM: Mayor Feliu Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner.Birts-Cooper: Yea Commissioner Beckman: Yea CITY RNEY 1st Reading: 8/21 /07 2nd Reading: 9/4/07 PAComm Items\200719-4-07WIc Mansion Ordinance 8-14-2007Planning Board Hearing.doc 8 April 8, 2010 City of South Miami Planning Department 6130 Sunset Drive South Miami, fl- 33143-5093 RE: 5827 SW 77 Terrace South Miami, FL 33143 To Whom it may Concern: My wife and I have resided in the City of South Miami for 10 years at the above referenced address. We are writing to request information in regards to the zoning w parameters for the demolition of the existing home and construction of a new single- family home on our property. Specifically, we would like the general zoning information for a new construction project including but not limited to the following: 1. Limitations for 1 story vs. 2 story residence 2. Maximum percentage of building coverage allowed 3. Minimum setbacks allowed for main structure, proposed swimming pool, and accessory structures 4. Minimum required lot size (square footage) J 5. Minimum required lot width and lot length (linear footage)4' Thank you kindly for your attention to this matter. Feel free to contact myself or my wife, Sandra, if you need any further information. Regards, Mario A. Sueiras Home-305-668-8480 Cell-786-543-8924 Cc: Sanford A. Youkalis Thomas Vageline i April 8, 2010 City of South Miami Planning Department 6130 Sunset Drive South Miami, fl- 33143-5093 RE: 5827 SW 77 Terrace South Miami, FL 33143 To Whom it may Concern: My wife and I have resided in the City of South Miami for 10 years at the above referenced address. We are writing to request information in regards to the zoning parameters for the demolition of the existing home and construction of a new single- family home on our property. Specifically, we would like the general zoning information for a new construction project including but not limited to the following: 1. Limitations for 1 story vs. 2 story residence 2. Maximum percentage of building coverage allowed 3. Minimum setbacks allowed for main structure, proposed swimming pool, and accessory structures 4. Minimum required lot size (square footage) 5. Minimum required lot width and lot length (linear footage) Thank you kindly for your attention to this matter. Feel free to contact myself or my wife, Sandra, if you need any further information. Regards, V/�OIIL-� Mario A. Sueiras Home-305-668-8480 Cell-786-543-8924 Cc: Sanford A. Youkalis Thomas Vageline April 8, 2010 City of South Miami Planning Department 6130 Sunset Drive South Miami, fL 33143-5093 RE: 5827 SW 77 Terrace South Miami, FL 33143 To Whom-it may Concern: My wife and I have resided in the City of South Miami for 10 years at the above referenced address. We are writing to request information in regards to the zoning parameters for the demolition of the existing home and construction of a new single- family home on our property. Specifically, we would like the general zoning information for a new construction project including but not limited to the following: 1. Limitations for 1 story vs. 2 story residence 2. Maximum percentage of building coverage allowed 3. Minimum setbacks allowed for main structure, proposed swimming pool, and accessory structures 4. Minimum required lot size (square footage) 5. Minimum required lot width and lot length (linear footage) Thank you kindly for your attention to this matter. Feel free to contact myself or my wife, Sandra, if you need any further information. Regards, Mario A. Sueiras Home-305-668-8480 Cell-786-543-8924 Cc: Sanford A. Youkalis Thomas Vageline Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION,MISCELLANEOUS AND DOCUMENT FEES DATE: J CHECK NO: I 6�1 NAME• 1 ADDRESS: —. ��CCi 7 ) l_ y, PHONE NO: 03.41.300 BANNER OVER PUBLIC STREET ........................... ($300) 03.41.300 NEWSRACK APPLICATION FEE.............................. ($50.00) [Plus$10.00 per Newsrack] 03.41.300 OUTDOOR DINING/SEATING PERMIT ($25 per seat on public sidewalks only) ($250 per year flat fee on private property) Resolution No. 150-08-12747 03.41.300 rTEMPORARY SIGN PERMIT .................................. ($75/each time) ❑1"Issuance; Renewals: ❑2" 0 3r1 . 03.41.300 TREE REMOVAL PERMIT ........................ .............($75.00) 03.41.300 CLOSING OF PUBLIC RIGHTS-OF-WAY.....................($1,500) 03.41.300 WAI VER OF ROU IPR TS ........................ L03.41.300 ZONING/LAND USE VERIFICATION LETTER.......... ($75) 0 RMA TE PLAN INSPECTIO 03.41.400 REQUEST FOR MICROFILM RESEARCH .................($100.00) i 03.41.400 MICROFILM Reader/Printer copies ............................($12 each image) 02.19.162 BLUEPRINT MAPS AND OTHER MAPS [Zoning Maps,City Official Maps,Future Land Use Maps,G.I.S. Maps] 63.69.920 LDC,COMP PLAN& ALL PHOTOCOPIES [$0.15 per single-side copy; $0.30 per double-sided copy] s� GRAND TOTAL J 02.19.162 Blueprints and Other Maps: 03.69.920 LDC,Comp Plan,Photocopies: Official Zoning Map Color $15.00(Tax included) Land Development Code $75.00(Tax Included) Small Official City Map $5.00(Tax Included) Comprehensive Plan $50.00(Tax Included) Hometown Regulations $ 5.00(Tax Included) Land Use Color Map $5.00(Tax Included) Census Data Packet $3.00(Tax Included) Custom G. I. S.Map $15.00(Tax Included) All Charrette Booklets FREE (No charge) Planning genes is/Forms/Receipt Forms/RECEIPT FORM Part 11.12-15-09 Ordinance No.21-09-2013,adopted 9-15-09 White copy to Planning;Pink copy to Customer; Yellow copy to Finance