Loading...
02-06-07 Item 8South Miami iaamericac CITY OF SOUTH MIAMI ( ( OFFICE OF THE CITY (MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager f From: Julian Perez, Planning Directk Date: February 6, 2007 ITEM No. Subject: A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM[ DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO- STORY HOMES FOR THE THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(1); PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE,. Background: During the past year there has been considerable discussion and debate regarding the construction of new single family residential structures and additions to existing single family residential structures that appear to be too large for their building sites and contrary to the established small scare "character" of the neighborhoods in which they are located. It is expected that this trend could increase as the older single family residences in the City are sold for demolition or reconstruction. In response to this situation the City Manager has requested that a study be initiated in order to prepare an amendment to the Land Development Code to be presented to the City Commission for review and possible and adoption. This review and discussion has already been imitated by the Planning Board which has conducted two workshops on the issue beginning; in October. In conjunction with the on -going review the City's Vice Mayor has suggested that it would be appropriate to provide a temporary prohibition in regard to the issuance of building permits for two story residences, due to the potential detrimental impact upon the existing neighborhoods. Attached is a proposed ordinance prepared by the City Attorney providing for the prohibition on second story home construction during an eight month period. Proposed Legislation The attached draft ordinance provides a temporary prohibition on the construction of new single family homes which are two stories or second story additions to existing single family homes. The prohibition is to last eight months by which time it can be expected new regulations may be adopted impacting second story homes. The ordinance also provides for an interim procedure which property owners could select in order to proceed with construction during the prohibition period. Planning Board Actions The Planning Board at its meeting on December 12, 2006 adopted a motion by a vote of 6 ayes 0 nays recommending that the proposed ordinance be disapproved. The Planning Board members felt that an eight month prohibition was too long and that revised legislation addressing the McMansion issue could be done on a faster time (2) schedule. The Board then adopted a motion by a vote of 6 ayes 0 nays recommending that the members of the Environmental Review and Preservation Board and the Planning Board work together as a task force in order too prepare the appropriate amendments responding to the McMansion issue. Recommendation: The City Commission considered this legislation on first reading at its meeting on January 9, 2007. The ordinance was approved with the change that the interim regulations would be in affect for three months. It was agreed that the City Commission would be directly involved with the creation of new regulations by conducting a series of four workshops (one per month, two in the third month) with the Planning Board, the ERPB and Historic Preservation Board jointly, citizens, and then all interested parties. It is recommended that the proposed ordinance be adopted on second reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 12/12/06 Planning Board Meeting Excerpt 12/12/06 ERPB Statement 12/12/06 Miami Springs Ordinance Public notice JP /SAY P: \Comm Items\2007\2- 6- 07 \PB -06 -039 Second Story Morat CM Report.doc I f ORDINANCE NO. 2 3 4 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM 6 DEVELOPMENT REGULATIONS APPLICABLE TO 7 DEVELOPMENT APPROVALS FOR SINGLE FAMILY 8 RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION 9 OF A STUDY RELATING TO "MC MANSIONS "; STAYING ALL 10 RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR 11 THE I THREE MONTH PERIOD TO COMPLETE THE STUDY 12 AND ANALYSIS OF THE SITUATION; PROVIDING FOR A 13 WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY 14 ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR 15 WAIVER PROCESS; AND EXPANDING THE POWERS OF THE 16 ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f); PROVIDING 17 SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE 18 DATE. 19 20 WHEREAS, there has been much discussion and debate over the past number of 21 months regarding the construction of new single family residential structures and additions 22 to existing single family residential structures that appear to be too large for the building 23 sites they occupy; and 24 25 WHEREAS, it is believed that the aforesaid new construction and improvements 26 to existing single family residences are only the beginning of a trend that could increase as 27 the older single family residences in the City are sold for demolition or reconstruction; and 28 29 WHEREAS, the City Administration and the City Commission are concerned 30 that the construction of these larger structures ( "McMansions ") within established 31 neighborhoods, adjacent to long standing smaller single family residences, is contrary to 32 the established "character" of the neighborhoods in which they are located; and, 33 34 WHEREAS, the City Manager has requested that certain preliminary study and 35 research materials and an amendment to the Land Development Code be prepared and 36 presented to the City Commission for review discussion and adoption; and 37 38 WHEREAS, the City Manager, staff and the Planning Board have initiated a 39 comprehensive review of the existing regulations; and, 40 41 WHEREAS, in conjunction with the review it is also appropriate to provide 42 temporary limitations, restrictions and prohibitions in regard to the issuance of building 43 permits for the activities under study, due to the potential detrimental impact upon the 44 existing neighborhoods of the City; and, 45 Additions shown by underlining and deletions shown by ^•,°r . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, although the City Commission is fully cognizant and respectful of the rights of the owners of single family residential properties in the City, the City Commission has determined that the potential for severe and detrimental consequences to the existing single family zoning districts of the City is realistic and likely if the unregulated construction of "McMansions" within the City is permitted to continue, and that the institution of an Interim Development Regulations is both required and justified at this time in order for a proper review and study of the problem and related issues to be conducted. WHEREAS, the Planning Board at its December 12, 2006 meeting, after public hearing, adopted a motion .by a vote of 6 ayes 0 nays recommending that the proposed ordinance be disapproved. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. No building permits shall be issued for the construction of new, or for additions to existing single family residential structures, which construction shall result in the creation or addition of a second floor to the single family structure. Section 2. For a building permit to be issued for either a new, or for an addition/remodel to a single - family structure, the structure shall comply with the dimensional requirements contained in section 20 -3.5 (E) of the South Miami Land Development Code. Section 3(A). The City Commission may waive the second story construction prohibition contained in this Interim Regulation if the proposed project, including site plan and specifications, is brought before the Environmental Review and Preservation Board (ERPB); the ERPB determines that the proposed structure complies with the applicable sections of the Land Development Code and the City Commission after public hearing determines that: (a) the interim regulation imposes undue hardship on the applicant; or (b) the development proposed by the applicant will not: (i) result in a material diminution of the privacy of adjoining residential properties; and, (ii) will not result in an obvious departure from the aesthetic character of the immediate vicinity taking into account existing structures and open space; and, (iii) the proposed structure will have no more than a de minimus impact on the use and enjoyment of the adjoining parcel; or Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (c) the applicant is proposing to mitigate the effect of the redevelopment by providing adequate safeguards which the Commission finds, would adequately mitigate any detrimental impact to the neighborhood. Section 3 (B). The applicant for a waiver bears the burden of establishing sufficient evidence necessary to prove that the criteria contained in Section 3(A) have been satisfied. Section 3 (Q. An application for a waiver must be filed in conjunction with the ERPB application. The application for waiver shall be filed with the Planning Department on a form provided by the director and must include the following information: (a) the name and address of the applicant; (b) the address and legal description of the property; (c) evidence to support the criteria in Section 3(A); and (d) other information that the director may reasonably require to evaluate the waiver application. Section 3 (D). The director shall make a recommendation to the ERPB and City Commission on each application for waiver. Section 4. Section 20- 6.1(C)(3)(f) is hereby amended, to temporarily expand the powers of the Environmental Review and Preservation Board (ERPB), to authorize the ERPB to review all single family residential additions /remodels or new construction, which propose the addition of the second floor. The ERPB in conducting such review shall implement the criteria established in this interim regulation. Section 5. Nothing in this ordinance should be construed or applied to abrogate the vested right of a property owner to develop or utilize his/her property in any other way commensurate with zoning and other regulations, including any required renewal of permits for existing legally erected premises. All site plans and building permits already being reviewed (prior to final passage of this interim regulation) by the City of South Miami's Department of Community Development or having received development approval may proceed forward and shall not be required to comply with this interim stay regulation. Section 6. EXPIRATION. This ordinance expires Section 7. SEVERABILITY. Page 3 of 4 at 11:59 p.m. 2 The provisions of this ordinance are severable. If a provision of this ordinance or 3 its applications to any person or circumstances is held invalid, the invalidity does not 4 affect other provisions or applications of this ordinance. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 8. EMERGENCY DECLARED; EFFECTIVE DATE. The City Commission finds that the continued development of large single - family "McMansions" will negatively impact residential district within the City and that it is necessary to study and develop standards and regulations that protect the character of the residential communities. The City Commission further finds that this type of construction constitutes an emergency requiring the implementation of this interim regulation. Section 9. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of 12007. ATTEST: CITY CLERK First Reading Second Reading READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney APPROVED: U._ I' COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: P; \Comm Items \2007 \1- 9- 07 \LDC Amend Second Story Moratorium.doc Page 4 of 4 W vo T$«n � mn>;E mo� a�o£0q�.Puagm, m Ns UJ Tm fl mm mOr]y.. >E g N o m ��mia xz 9mE °a°c`o$ S a Zg of —am m$ a am — Z_`mM. T_�n. °ao p �mac� Lm mc� g Oit u$ MM ppc U'. yE�Qcp O p m'm� 0 tmp9 °mZ ¢ = 7OC Um �.L i.V�WoG v$ :g1-2 °mcm�a m m �y!11a J iti mc'"miinnmc aaZmm mm m i� c «�$�Nm � %aFEFE nW �mm�az `osmm ° c QiJ Q 'I °m¢ ^$m Qa° �O N t`mLC°amomRmc °r>> O ¢ O°m R Q Cw'.�E TLm 7¢ 0 .m° Q ¢�_.° f N C TQC U...m mCOW Wa y 3 m mmm`�m T Q Z G ir Qa aLL mmLi° =Om .stn wm X..; m tmoammmmc C°Tm�°�� a ir LL O ¢ j pppO� L 3 LL p a 7 � m L� m m°m II H Z n O O ¢ W� zz mLLW 51J?Q O >U6 mCQ'OLmp VL'Cm6 E a J LL �z Fp. >jmc ON¢mUa UU i° E mo @Qa mTm3 9 > Np 53 Q¢OcLL �o nmm�Sc N p r_ 50 0 0 C N a 0 Z a a o: x LU x E 0 d E f N „ ti � uai r COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, February 6, 2007, beginning at 7 :30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY 1 RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE FIGH THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f). AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY CAFE IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. Above items can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that, a verbatim record of the proceedings is made which record includes the testinionyand evidence upon,, which. the appeal: is to be, based NEIGHBORS CALENDAR 'CALENDAR, FROM 46 story: 6:30 -8:30 p,m. Wednesdays Jan. 31 -March 21; • Writing Mysteries and Crime Fic- tion: 6:30 -8:30 p.m. Thursdays Feb. 1 -March 22; 9 When Silence Speaks- Poetry and the Promised Land: 6:30 -8:30 p.m. Thursdays Feb. 1 -March 22; • Writing Flash Fiction, Subversive Fiction and Magical Realism: 6:30- 8:30 p.m. Feb. 1 -March 22. Introduction to Nature Writing-Re- sponding to Our Environment: Everything from grammar to the writ- ing process to a sampling of favorite nature authors are covered in this course. Practice developing a style while discovering content and inspi- ration in nature while working in a nature preserve; 1-3 p.m. Saturdays, Feb. 3 -17; The Environmental Center at Miami Dade Coll ege-Kendal 1, 11011 SW 104th St., Kendall; $45. To regis- Miracle Mile T ter, call 305- 237 -2600 or go to Club: Improve mdc.edu /kendall /ce and click on as a better spf Environmental Center; use reference tener and enjc number 411789. 1:30 p.m. Thur Reflective Writing: Learn journaling Miracle Mile, C and writing techniques for personal lunch fee: $17. growth and healing; 7:30 -9 p.m. Mon- 786 - 399 -960! days; South Miami Hospital, 6200 SW maya @earthli 73rd St., South Miami; $10 per session. Practical Spirl 786 - 662 - 5200. - -- -- the book club USA Dance Inc. i Ballroom dance les- ton's The Bles, sons from the nonprofit organization; 9:30 -11 a.m. se 7 -9 p.m. Mondays; South Miami and Noble, 12� Lutheran Church, 7190 Sunset Dr., Kendall; free.: South Miami. 305- 387 -1342. Rotary Club o Palmetto Bay CLUBS /MEETINGS ings; 12:15 p.m Roma's,18851 Kendall Professional Group: Business Bay; $10. Call I networking and referrals; noon first 305 - 252 -4852 Thursday; Steak and Ale Restaurant, 305 - 323 -290: 9090 SW 97th Ave., West Miami- South Dade A Dade; first meeting free. Call Ira Marks The club's am at 305- 387 -3474. tion includes s Elem /Mid /High School Prizes (prizes for each school level) 1st Place - XBOX 360 2nd Place - IPod Nano 3rd Place - Elementary: 4 tickets to Disney World Middle /High: 4 tickets to Universal Islands of Adventure Entries Due 5:00 F Thursday, Februar Submit entries to: Clean Up Poster 0 c/o The A Aft: NIE, Miami, FI All artwork must be onginal, not derivative and not generated by computer. You may use any medium except oil. not be returned. Artwork cannot be any larger than 1417. All entries become property of the Miami Herald, Comr Board and Newspaper in Education. GREATER MIAMI Mf}!I�AMI•W1D CONVENTION 8 IS°L'Y{{I YIBITORB BUREAU , �SOUr� o � � f N � u INCORPORATED 1927 R-9 South Miami All- America City 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis Acting Planning Director PR- (1( -fl'19 Date: December 12, 2006 Re: Interim Regulations for Two Story Residences: LDC Amendment Applicant: City of South Miami A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS"; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f); PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. SUMMARY OF REQUEST The proposed legislation provides a temporary prohibition on the construction of new single family homes which are two stories or second story additions to existing single family homes. The prohibition is to last eight months by which time it can be expected new regulations may be adopted impacting second story homes. The ordinance also provides for an interim procedure which property owners could select in order to proceed with construction during the prohibition period. BACKGROUND During the past year there has been considerable discussion and debate regarding the construction of new single family residential structures and additions to existing single family residential structures that appear to be too large for their building sites and contrary to the established small scale "character" of the neighborhoods in which they are located. It is expected that this trend could increase as the older single family residences in the City are sold for demolition or reconstruction. In response to. this situation the City 2 Manager has requested that a study be initiated in order to prepare an amendment to the Land Development Code to be presented to the City Commission for review and possible and adoption. This review and discussion has already been imitated by the Planning Board - - which has conducted two workshops on the issue beginning in October. In conjunction with the on -going review the City's Vice Mayor has suggested that it would be appropriate to provide a temporary prohibition in regard to the issuance of building permits for two story residences, due to the potential detrimental impact upon the existing neighborhoods. Attached is a proposed ordinance prepared by the City Attorney providing for the prohibition on second story home construction during an eight month period. Attachments: Draft Ordinance Copy of Public Notices SAY P: \PB \PB Agendas Staff Reports\2006 Agendas Staff Reports \12- 12- 06\PB -06 -039 Second Story Morat Report.doc 's ° U rg o � -- 9 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, December 12, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis, Ms. Lahiff, Ms. Young and Mr. Farfan. Board members absent: Ms. Yates City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Luis Figueredo (City Attorney), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). IV. Planning Board Work Program (Mcmansions) Discussion with the Chairman and other members of the Environmental Review and Preservation Board (ERPB) on their role in reviewing oversized single family residences Mr. Youkilis advised that members of the ERPB were invited to discuss the moratorium ordinance and the McMansion issue. Ms. Lahiff moved to take Item 4A out of order. It was seconded by Ms. Young. The motion was adopted by a vote of 5 ayes 1 nay (Ms. Beckman) Ms. Beckman asked if there was a Sunshine law problem with the ERPB members being in attendance. The City Attorney advised that this item will not be before the ERPB, therefore there is no problem. Mr. Youkilis advised that a notice of their attendance had been posted. Mr. Morton invited the ERPB members to comment. Planning Board Meeting December 12, 2006 Page 2of5 Mr. David Trautman, Chair of the ERPB distributed a two page position statement prepared by one of its members. (see attached) He explained that the Board feels that there is nothing bad about two story homes and that they are part of the character of South Miami neighborhoods. He also explained that the draft ordinance should allow an applicant to appeal to the City Commission if the Board denies a waiver request. The ERPB also felt that the term "undue hardship should be defined. The document also contained a number of suggested amendments to the LDC to improve the role of the ERPB in reviewing design. Ms. Beckman felt that architects have contributed to the McMansion problem. Mr. Trautman responded that it is the Code and economics which has effected the design of buildings. He felt that the ordinance actually expands the review power of the Board and would give them legal authority to say no to inappropriate second story buildings and therefore the Board supports the ordinance. City Attorney Figueredo explained that the proposed ordinance is not a moratorium; it is an interim measure which will require a special review of second story homes for a period of time until permanent amendments to the LDC can be adopted. Mr. Morton felt that it was not appropriate to allow this review without some criteria in. place. He also felt that the eight month period to develop the amendments was too long and that this subject should be allowed to linger. Ms. Beckman also felt that there should be criteria in the ordinance which would help the ERPB to act on waiver requests. Ms. Carol Marks, a member of the ERPB commented on the draft ordinance. She felt that a definition of "undue hardship" was needed, and that an a ERPB denial should be allowed to be appealed to the City Commission. III. Planning Board Applications / Public Hearing PB -06 -039 Applicant: City of South Miami A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f); PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. Action: Ms. Beckman read the ordinance into the record. Mr. Youkilis explained that during the past year there has been considerable discussion and debate regarding the construction of new single family residential structures and additions to existing, single family residential structures that appear to be too large for their building sites and contrary to the established small scale "character" of the neighborhoods in which they are located. It is Planning Board Meeting December 12, 2006 Page 3 of 5 expected that this trend could increase as the older single family residences in the City are sold for demolition or reconstruction. In response to this situation the City Manager has requested that a study be initiated in order to prepare an amendment to the Land Development Code to be presented to the City Commission for review and possible and adoption. This review and discussion has already been imitated by the Planning Board which has conducted two workshops on the issue beginning in October. In conjunction with the on- going review the City's Vice Mayor has suggested that it would be appropriate to provide a temporary prohibition in regard to the issuance of building permits for two story residences, due to the potential detrimental impact upon the existing neighborhoods. Mr. Youkilis stated that attached is a proposed ordinance prepared by the City Attorney providing for the prohibition on second story home construction during an eight month period. The proposed legislation provides a temporary prohibition on the construction of new single family homes which are two stories or second story additions to existing single family homes. The prohibition is to last eight months by which time it can be expected new regulations may be adopted impacting second story homes. The ordinance also provides for an interim procedure which property owners could select in order to proceed with construction during the prohibition period During discussion Ms. Young felt that this type of legislation is convoluted, the wording not clear, and that the ERPB was being given too much power. She resented not receiving the ERPB statement in advance. Mr. Youkilis explained that the use of interim legislation was very common and that some cities have already instituted McMansion moratoriums. (see attached Miami Springs ordinance) Chairman Morton then opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Christopher Cook - Yarborough 6807 SW 64 Ave. -- - - - - -- Mr. Cook - Yarborough suggested that due to costs an applicant should be able to present preliminary designs to the ERPB. He also felt that the ERPB should be part of the effort to come up with new legislation. David Tucker 6556 SW 78 Terrace Support Mr. Tucker felt that the City was really a community of small single family one story homes. Bob Welsh 7437 SW 64 Court Support Mr. Welch felt that the ERPB should notify neighbors when a residential home is being built; he was also worried that some ERPB members were also involved in building two story homes therefore their involvement would not be appropriate. He supported the ordinance and further felt that criteria was needed to insure that second story homes do not invade a neighbor's privacy. Planning Board Meeting December 12, 2006 Page 4 of 5 Cathy McCann Oppose Ms. McCann felt that the ordinance should not be adopted because of the lack of criteria. She explained that it is too small of setbacks which causes the problem not second story homes. Bobbi Goldin 6561 SW 76 Street Support Ms. Goldin lives next to a second story home and it has been disturbing. Henry Bernstein 7661 SW 65 Pl. Oppose Mr. Bernstein stated that he supports two story homes if they are well designed and fit in with the neighborhood. Tim Downey 6551 SW 76 Street Support Mr. Downy supported the proposed ordinance; he felt that new legislation was needed. Mikha Adia 7721 SW 61 Ave. Oppose Mr. Adia stated that he finds nothing wrong with two story homes and the City should not limit their construction. Luis Brionnes 5760 SW 81 Street Mr. Brionnes stated that he loves living in the City of South Miami. Chairman Morton closed the public hearing_ During discussion Ms. Beckman stated that she felt that the revised legislation should be developed quickly, eight months was too long. She felt that the ERPB should hold public hearings and their meetings broadcast. Ms. Young asked about the Department of Community Development. Mr. Youkilis advised that it did not exist and that reference to it in the ordinance should be changed. Mr. Farfan felt that the ordinance was convoluted and should not be adopted. Mr. Morton felt that the revised regulation should be drafted at public workshops with the Planning Board and the ERPB within a two month period. He hoped that the Commission would accept this as an alternative instead of the proposed ordinance. Mr. Youkilis advised that the preparation and adoption of revised regulations could not be done in two months and that it was the City Commission's role to decide on a time table. Motion: Ms. Young made a motion recommending denial of the proposed ordinance. Ms. Davis seconded the motion. Vote: Ayes 6 Nays 0 Motion: Mr. Morton made a motion recommending an alternative to adopting the ordinance, that being the creation of a joint Planning Board and ERPB Task Force to prepare in a two month period the needed LDC amendments related to McMansions. Ms. Young seconded the motion. Vote: Ayes 6 Nays 0 Planning Board Meeting December 12, 2006 Page 5 of 5 The City Attorney explained that the ordinance would not come before the City Commission until its January meeting. He offered to bring this issue up at the next meeting of the City Commission in order to see if there was any Commission interest in expediting the amendment preparation process. P: \Comm Items\2007 \1- 9 -07 \PB MINS 12 -12 -06 Excerpt 06- 039.doc December 12, 2006 - City of South Miami Planning Board City of South Miami, Florida Re: McMansions in South Miami Dear Members of the Planning Board, Thank you for your invitation for our input on the sensitive issue of large homes in South Miami. We have reviewed the proposed "McMansions" ordinance, The special report No.2 "Oversized Single Family Homes" dated 11 -14 -06 and Commissioner Jay Beckman's memorandum to acting Planning director Sandy Youkilis dated 11 -27- 06. The following represents -our comments to the proposed ordinance concerning two -story residential construction and related issues. A. General statement. We support and would like to be a part of the review of the South Miami Code concerning large homes. We believe that two -story homes can help to preserve the character of South Miami's residential community. In comparison to a single story home with the same floor area ratio: two-story homes allow for more compact building footprints and greater green areas. In addition, two -story homes are more energy efficient as they have less exposed roof areas. To reiterate Commissioner Beckman's memo: "The best neighborhoods can contain an eclectic sample of houses" We believe two -story homes help to create a built environment of variety and interest. B. - Comments on }proposed ordinance. We propose that Section 3(A) read: The City Commission may waive the second story construction prohibition in this interim regulation if the proposed project, including site plan and specifications, is brought before Environmental Review and Preservation Board (ERPB) and receives a recommendation for approval. If the proposed project is denied ERPB approval, the applicant may appeal the decision with the City Commission. The City Commission after a public hearing shall make the final decision to waive the second story construction prohibition. Section 3(A) (a) "undue hardship" needs to be defined. ------ - - -We- propose- that_Sectior�4:_ read:- �.- -._ - -- ---------------- ____— __------ _,- �-- �.v-- - - - - -- - - - - - -- Section 20-6. 1 (c)(3)(f) is hereby amended, to temporarily expand the powers of the Environmental Review and Preservation Board (ERPB), to authorize the ERPB to review all single family residential additions /remodels and new construction. The ERPB in conducting such review shall implement the criteria established in this interim regulation. Section 5. The "City of South Miami's Department of Community Development" shall be replaced with" Environmental Review and Preservation Board (ERPB)" C. General Recommendations to Planning Board. 1. All residential projects submitted for permit shall be signed and sealed by a registered Florida architect. 2. The ERPB shall review all exterior residential additions and alterations regardless of scope of work. 3. The energy efficiency of larger homes shall be considered as part of the study concerning two -story homes. 4. Landscaping shall be considered as part of the study concerning two -story homes. Thank you for your time and attention to these comments. Sincerely, David Trautman, Chairman, Environmental. Review and Preservation Board Giorgio Balli, Member, Environmental Review and Preservation Board Jason R. Chandler Member, Environmental Review and Preservation Board JAN 05 2007 10:54AM HP LASERJET 3200 CRAFT ORDINANCE NO. p.2 Agenda Item No. (/ -2007 City Couneil Meeting of: 0 0 9- (:702;F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS AMENDING CODE OF ORDINANCE SECTIONS 150 -041, R -1A DISTRICT, 150.042, R -1B DISTRICT; 150.043, R -1C DISTRICT, AND 150 -044, R-11) DISTRICT, TO PROVIDE NEW BUILDING HEIGHT. LIMITATIONS, LOT COVERAGE RESTRICTION, AND SIDE YARD REQUIREMENTS FOR TWO-STORY STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE WHEREAS, there has been much discussion and debate over the past number of months regarding the construction of new single family residential structures and additions to existing single family residential structures that appear to be too large for the building sites they occupy; and, WHEREAS, it is believed that the aforesaid new construction and improvements to existing single family residences are only the beginning of a trend that could increase as the older single family residences in the City are sold for demolition or reconstruction; and, WHEREAS, the City Administration and the City Council are concerned that the construction of these larger structures C McMansions ") within established neighborhoods, adjacent to Iong standing smaller single family residences, is contrary to the established "character" of the neighborhoods in which they are located.; and, WHEREAS, the City Council has previously enacted an Administrative Building Moratorium on October 2, 2006, in order to provide a period of time to study the various issues involved in controlling the development of McMansions; and, 1 Ordinance No. -2007 JAN 05 2007 10:54AM HP LRSERJET 3200 WHEREAS, on October 23, 2006, the City Council terminated the moratorium and determined to study the McMansion issues in the normal course of City business; and, WHEREAS, the City Council conducted a Workshop Meeting on November 1, 2006, in order to discuss and suggest revisions to the existing City Zoning Code which would lessen or resolve the various McMansion issues that were impacting the City; and, WHEREAS, the City Council has determined that the following amendments to the City Zoning Code of Ordinances will provide relief from the various negative impacts being experienced by McMansion development in the City: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA: Section 1: That Code of Ordinance Sections 150 -041, R -lA District, 150 -042, R -1B District, 150 -043, R- IC District, and 150 -044, R -ID District are hereby amended as follows: SECTION 150 -041. R -1A District (A) ............ LB Buildin g height limit. The maximum hoightofmain buildings shall be fifteen (15) feet for single story structures and thirty (30) feet for two story structures. (C) Building site area required,• Iot coverage restriction. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for each single - family dwelling. The parcel shall have a minimum average width of at least 75 feet. In addition, the lot coverage for main 2 Ordinance No. -2007 p.3 JAN 05 2007 10:54AM HP LRSERJET 3200 DRAFT } buildings, additions, and detached structures, whether of single or two -story configuration, shall be limited to fift (50 %)percent of the property site. (D) ............ (E) ............ (1) .......... (2) Side yards required for new two -story structures to be built on vacant property sites buik4ap , The width of the required side yards for new two -story structures to be built on vacant property sites buildings shall be ten percent of the average width of the lot on the first floor level, plus an additional two and ene half feet, ten 10 percent of the average width of the lot as a side set back indentation of the second -story from the first floor of the structure, provided that in no case shall each side yard be less than tes fifteen feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure's vertical outside wall to the side lot line, on a bearing parallel to the front lot line, at ground level. (3) Additional side yard required for two -story additions to existing structures. All second story additions to existing sini4e family structures shall be required to provide an additional ten percent of the average width of the lot as a side setback indentation of the second -story from the existing first floor of the structure, provided that in no case shall each second stor_yside yard setback indentation be less than seven and one half feet. 3 Ordinance No. -2007 p.4 JAN 05 2007 10:54AM HP LASERJET 3200 (3) (4) Exceptions. to additional side yard requiredfor two -story additions to existin structures. setbaek: No additional side yard setback indentation of the second -story from the existing first floor of the structure shall be required for the side yard of the structure that abuts` a street. The additional side yard setback indentation shall continue to be required for the interior side yard of the property for the second -story addition. Ne- additie tiad - -two aad -eme Welf €seside -y fd se thae:— aR be (a) The se addition less ..,...n half e the existing fiFst floor- ., a of th m men - a -e the structure alarm -e- stfeat. Hewever-, pFevide side -- sethaek fer seeendstefy additions 4 Ordinance No. -2007 P.5 JAN 05 2007 10:54AM HP LASERJET 3200 DRAFT D (d) 'The provisions of sub - section (e) ffi above shall also be applicable to all appropriate instances of reverse frontage that may exist. (F) ............ (G) ........... (H) ............ SECTION 150 -042. R-1B District (13) ............. (B) Building height limit. The nnaximum height of main buildings shall be fifteen (15) feet for single story structures and thirty (�30) feet for two story structures. (C) Building site area required; lot coverage restriction. The minimum building site area shall be one lot or parcel of land 7,500 square feet in area for each single - family dwelling. The parcel shall have a minimum average width of at least 75 feet. In addition, the lot coverage for main buildings, additions, and detached structures, whether of single or two-story configuration shall be limited to fifty (50 %) percent of the iroperty site. (D) ............ (E) ............ 5 Ordinance No. -2007 P.6 JAN 05 2007 10:54AM HP LASERJET 3200 p.7 DRAFT (1)........... (2) Side yards required for new two -story structures to be built on vacant property sites l il&ngs. The width of the required side yards for new two -story structures to be built on vacant property sites bergs shall be ten percent of the average width of the lot on the first floor level, plus an additional twe aad ene half feet., ten 10 percent of the average width of the lot as a side set back indentation of the second -story from the first floor of the structure, provided that in no case shall each side yard be less than tm fifteen feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the stricture's vertical outside wall to the side lot line, on a +. bearing parallel to the front lot line, at ground level. (3) Additional side yard required for two -story additions to existine structures. All second story additions to existing single family structures shall be required to provide an additional ten percent of the average width of the lot as a side setback indentation of the second -story from the existing first floor of the structure, provided that in no case shall each second story side Yard setback indentation be less than seven and one half feet. (3) (4) Exceptions to additional side yard required for two -story additions to existing structure. ftethaek. No additional side yard setback indentation of the second -story from the existing first floor of the structure shall be required for the side yard of the 6 Ordinance No. -2007 JAN 05 2007 10:54AM HP LASERJET 3200 P,8 DRAFT structure that abuts a street. The additional side yard setback indentation shall continue to be required for the interior side yard of the property for the second -story addition. (a)-- The - seeend story addition seyeFs less than halfo€ -the e*isfing ffst floor- of the {b} The seeend staff addition is Fecessed t%� an eta side ywd amas. r mann'e µ1,m+ a vide n,-.i fen f t str. side carca-vr- axv�cresecare abuts a st eel-- 1feweiFer-,'the r-eqt}ir-ei ent to (d) The provisions of sub - section (a) fA) above shall also be applicable to all appropriate instances of reverse frontage that may exist. 7 Ordinance No. -2007 JAN 05 2007 10:55AM HP LASERJET 3200 P,g D R A T (F) ............ (G) ............ (H)............ SECTION 150 -043, R -1 C District (C) ............. (B) Building hei,zht limit. The maximum height of main buildings shall be fifteen (15) feet for single story structures and thirty (301 feet for two story structures. (C) Building site area required; lot coverage restriction. The minimum building site j area shall be one lot or parcel of land 6,000 square feet in area for each single- family dwelling. The parcel shall have a minimum average width oi'at least 75 feet. In addition, the lot coverage for main buildings, additions, and detached structures, whether of sin lg a or_two -story confl�uration, shall be limited to fifty (50 %) percent of the property site. (D) ............ (E) ............ (1)......... (2) Side yards required for new two -story structures to be built on vacant vroperty sites bnikliigs. , The width of the required side yards for new two -story structures to be built on vacant property sites begs shall be ten percent of the average width ofthe 8 Ordinance No. -2007 JAN 05 2007 10:55RM HP LRSERJET 3200 lot on the first floor level, plus an additional twe and one bMf feet., ten 10 percent of the average width of the lot as a side set back indentation of the second -story from the fast floor of the structure, provided that in no case shall each side yard be less than tm fifteen feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure's vertical outside wall to the side lot line, on a bearing parallel to the front lot line, at ground level. (3) Additional side yard required for two -story additions to existing structures. All second story additions to existing single family structures shall be required to provide an additional ten percent of the average width of the lot as a side setback indentation of the second -story from the existing first floor of the structure, provided that in no case shall each second story side yard setback indentation be less than seven and one half feet. (3) (4) Exceptions to additional side yard required for two -story additions to existing structures .-sett No additional side yard setback indentation of the second -story from the existing first floor of the structure shall be required for the side yard of the structure that abuts a street. The additional side yard setback indentation shall continue to be required for the interior side yard of the property for the second -story addition. 9 Ordinance No. -2007 p.10 JAN 05 2007 10:55AM HP LRSERJET 3200 UFT (a) The sesend stefy addifien severs less cc l+illL• v f the :..+:. g fffs4 fleer- . e f +l. �r N a e ad the fifst fle . fthe st O stpaetffe OR b +1, a (/ abL49 et slFeetz Rewever-, the requirement to (d) The provisions of sub - section (e) (4) above shall also be applicable to all appropriate instances of reverse frontage that may exist. (F) ............ (G) ............ (Iq)............ 10 Ordinance No. -2007 P.11 JRN 05 2007 10:55RM HP LRSERJET 3200 URAFT SECTION 150 -044. R -ID District. (D) ............. SMI not v a 15 feet-. uva 1B) Building height lirnit. The maximum height ofmain buildings shall be fifteen (15) feet for single story structures and thirty (30) feet for two story structures (C) Building site area required; lot coverage restriction. The minimum building site area shall be one lot or parcel of land 5,000 square feet in area for each single- family dwelling. The parcel shall have a minimum average width of at least 75 feet. In addition, the lot coverage for main buildings, additions. and detached structures whether of single or two -story configuration shall be limited to fifty (50 %) percent of the property site. (D) ............ (E) ............ (1) ........... (2) Side yards required for new two -story structures to be built on vacant property sites bwp, , The width of the required side yards for new two -story structures to be built on vacant" =sites huildia shall be ten percent ofthe average width of the lot on the first floor level plus an additional ten 10 percent of the average width of the lot as a side set back indentation of the second -story from the first floor of the structure provided that in no case 11 Ordinance No. -2007 p.12 JRN 05 2007 10:56RM HP LASERJET 3200 DRAFT ? shall each side yard be less than tm fifteen feet in width. Side yards adjacent to streets shall be not less than 15 feet. Side yards shall be measured from the closest point of the structure's vertical outside wall to the side lot line, on a bearing parallel to the front lot line, at ground level. (3) Additional side yard required for two -story additions to existing structures. All second story additions to existing single family structures shall be required to provide an additional ten percent of the average width of the lot as a side setback indentation of the second -story from the existing first floor of the structure, provided that in no case shall each second story side yard setback indentation be less than seven and one half feet (3) (4) Exceptions to additional side yard required for two -story additions to 1 existing structures. setbae1 No additional side vard setback indentation of the second -stogy from the existing first floor of the structure shall be required for the side yard of the structure that abuts a street. The additional side yard setback indentation shall continue to be required for the interior side yard of the property for the second -story addition. 12 Ordinance No. -2007 P.13 JAN 05 2007 10:56AM HP LRSERJET 3200 p.14 afea5 a F stfuetures abuWng stFec4s. j (d) The provisions of sub - section (e) f4) above shall also be applicable to all appropriate instances of reverse frontage that may exist. (F) ............ (G) ............ (I)............ Section 2: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as they are in conflict. 13 Ordinance No. -2007 JAN 05 2007 10:56AM HP LRSERJET 3200 P.15 UKAFT I Section 3: That the provisions of this Ordinance shall be effective immediately upon adoption by the City Council. PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this day of November, 2006. The motion to adopt the foregoing ordinance was offered on second reading by seconded by and on roll call the following vote ensued: Vice Mayor Youngs " Councilman .Best Councilman Dotson Councilman Garcia Mayor Bain " ATTEST: Billy Bain, Mayor Magalf Valls, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY .Tan K. Seiden, Esquire, City Attorney First reading: 11/13/2006 "Second" First Reading: 11/28/2006 "Third" First Reading: 12/11/2006 Second reading: 00/00/2007 Words stfieken thmugh shall be deleted. Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged. O: Ordinances \OrdinanceslOrdinance No. _ -2007 - Sections 150.011, 150-042,150, 043, 150 -044 - Building Regulations - McMansions.doc City Clerk's Office — 1/3/240710:51 :52 AM 14 Ordinance No. -2007