05-15-07 Item 23South Miami
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N-Ep CITY OF SOUTH MIAMI 1111.
fi� 19z7oA OFFICE OF THE CITY MANAGER
o R` INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct -
May ,
Date:
Ma 15 2007 ITEM No. ;3
Subject: AN 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 A THREE MONTH PERIOD TO
COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY THE 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) LAND
DEVELOPMENT CODE; PROVIDING SEVERABILITY ORDINANCE IN CONFLICT,
AND AN; EFFECTIVE DATE.
Backaround:
The attached draft ordinance would continue 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 ordinance also provides
for an interim procedure which property owners could select in order to proceed with construction during the
prohibition period.
The City Commission at its February 6, 2007 meeting adopted Ordinance No. 03 -07 -1904 which established the
same prohibition for a period of three months which expired on May 5, 2007. It was anticipated that new
regulations would have been drafted and adopted within that time frame. It is important to note that during the
period February 6, 2007 and May 5, 2007, a major effort was made to obtain maximum input on what revisions to
the Land Development Code were needed to respond to the issue. A total of four workshops were held with
members of the Planning Board, the Environmental Review and Preservation Board, the Historic Preservation
Board, property owners, developers, and other stakeholders.
In order to complete the task an additional three months is now required to prepare an ordinance containing specific
regulations to amend the Land Development Code and to conduct public hearings before the Planning Board and City
Commission.
Recommendation:
It is recommended that the proposed ordinance be approved on first reading.
Backup Documentation:
Draft Ordinance
JP /SAYPAComm Items\2007 \5- 15- 07 \PB -06 -039 Second Story Morat CM Report.doc
I ORDINANCE NO.
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4 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING
6 INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO
7 DEVELOPMENT APPROVALS FOR SINGLE FAMILY
8 RESIDENTIAL STRUCTURES; AUTHORIZING THE
9 COMPLETION OF A STUDY RELATING TO "MC MANSIONS ";
10 STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -
11 STORY HOMES FOR A THREE MONTH PERIOD TO
12 COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION;
13 PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY
14 AFTER REVIEW BY ERPB AND CITY COMMISSION;
15 PROVIDING CRITERIA FOR WAIVER PROCESS; AND
16 EXPANDING THE POWERS OF THE ERPB BY AMENDING
17 SUBSECTION 20- 6.1(C)(3)(if); PROVIDING SEVERABILITY
18 ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE.
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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
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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
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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,
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34 WHEREAS, the City Manager has requested that certain preliminary study and
35 research materials and an amendment to the sand Development Code be prepared and
36 presented to the City Commission for review discussion and adoption; and
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38 WHEREAS, the City Manager, staff and the Planning Board have initiated a
39 comprehensive review of the existing regulations; and,
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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 evening.
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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;
and
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; and
WHEREAS, the City Commission at its February 6, 2007 meeting adopted
Ordinance No. 03 -07 -1904 which established the same Interim Regulations for single
family residential structures for a period of three months which legislation expired on May
5, 2007; and
WHEREAS, during the period February 6, 2007 and May 5, 2007 four workshops
were held with members of the Planning Board, the Environmental Review and
Preservation Board, the Historic Preservation Board, property owners, developers, and
other stakeholders; and
WHEREAS, an additional three months is now required to prepare an ordinance
containing specific regulations to amend the Land Development Code and to conduct
public hearings before the Planning Board and City Commission.
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
addition/remodel to a single - family
dimensional requirements contained
Development Code.
permit to be issued for either
structure, the structure. shall
in section 20 -3.5 (E) of the
a new, or for an
comply with the
>uth Miami Land
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:
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(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
(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 (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 E]EZPB in conducting such review
shall implement the criteria established in this interim regulation.
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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.
at 11:59 p.m.
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 day of , 2007.
ATTEST:
CITY CLERK
First Reading
Second Reading
READ AND APPROVED AS TO FORM:
City Attorney
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Beckman:
Commissioner Birts:
Commissioner Palmer:
P: \Comm Items \2007 \5- 15- 07\LDC Amend Second Story Moratorium Ord Exten.doc
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