Ordinance 03-07-1904ORDINANCE NO. 03 -07 -1904
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)(f); PROVIDING
SEVERABILITY ORDINANCE IN CONFLICT, AND 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 Commission are concerned
that the construction of these larger structures ( "MeMansions ") within established
neighborhoods, adjacent to long standing smaller single family residences, is contrary to
the established "character" of the neighborhoods in which they are located; and,
WHEREAS, the City Manager has requested that certain preliminary study and
research materials and an amendment to the Land Development Code be prepared and
presented to the City Commission for review discussion and adoption; and
WHEREAS, the City Manager, staff and the Planning Board have initiated a
comprehensive review of the existing regulations; and,
WHEREAS, in conjunction with the review it is also appropriate to provide
temporary limitations, restrictions and prohibitions in regard to the issuance of building
permits for the activities under study, due to the potential detrimental impact upon the
existing neighborhoods of the City; and,
Additions shown by underlining and deletions shown by ever-strilcifig.
Ord. No. 03 -07 -1904
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
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Ord. No. 03 -07 -1904
(c) the applicant is proposing to mitigate the effect of the
redevelopment by providing adequate safeguards which the
Commission finds world adequately mitigate any detrimental
impact to the neighborhood.
E 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 (C). 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 May 5, 2007'
Section 7. SEVERABILITY.
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at 11:59 p.m.
Ord. No. 03 -07 -1904
The provisions of this ordinance are severable. If a provision of this ordinance or
its applications to any person or circumstances is held invalid, the invalidity does not
affect other provisions or applications of this ordinance.
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 �14day of 2007.
ATTEST:
r
CLERK
1 / 2 3 0 First Reading
2 / 0 7 / 0 7Second Reading
READ AND APPROVED AS TO FORM
Luis igueredo,
agin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
D
i
MAYOR
COMMISSION TE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Beckman:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
PAComm Items\2007 \1- 9- 07\LDC Amend Second Story Moratorium.doc
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