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09-04-07 Item 11/I 1 ORDINANCE NO. _ 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA AMIENDING THE LAND 5 DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20- 6 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE 7 STANDARDS FOR TWO -STORY SINGLE FAMILY STRUCTURES AND 8 TWO -STORY ADDITIONS "; INCLUDING MINIMUM LOT SIZE AND LOT 9 COVERAGE; MINIMUM YARD SETBACK; MAXIMUM BUILDING 10 HEIGHT; MAXIMUM BUILDING COVERAGE; MAXIMUM IMPERVIOUS 11 COVERAGE; LANDSCAPE REQUIREMENTS; ARCHITECTURAL AND 12 SITE PLAN REVIEW; FINDINGS; HISTORIC PRESERVATION BOARD 13 REVIEW; DEVELOPMENT STANDARDS; PROVIDING SEVERABILITY; 14 ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission has expressed concern with the new 17 construction of two -story residential homes and the addition of a second story to 18 existing one story single family homes which may not be compatible with the scale 19 and massing of their existing residential neighborhood; and 20 21 WHEREAS, it is believed that the aforesaid new construction and additions 22 to existing single family residences are only the beginning of a trend that could 23 increase as older single family residences in the City are sold for demolition or 24 reconstruction; and 25 26 WHEREAS, the City Commission enacted a moratorium on the construction 27 of two - story homes on February 6, 2007, in order to provide sufficient time for the 28 City to study the various issues associated with the development of compatible two - 29 story homes; and 30 31 WHEREAS, the City Commission held a series of workshop with the 32 Planning Board, Environmental Review Preservation Board, Historic Preservation 33 Board, residences, developers and interested stakeholders to discuss the impact of 34 compatible two -story homes on existing residential neighborhood; and 35 36 WHEREAS, on June 5, 2007, the City Commission extended the 37 moratorium to allow the City staff to complete the preparation amended single - 38 family regulation and to schedule the required public hearings; and 39 40 WHEREAS, the City Commission is cognizant and respectful of the rights 41 of the owners of single family residential properties in the City, and have noted in 42 the workshops that they are not against two -story homes provided that such 43 development did not adversely change or alter the character of the neighborhood; 44 and 45 46 WHEREAS, the Planning Board at its August 14, 2007 meeting, after public 47 hearing, adopted a motion by a vote of `_i ayes and 0 nays recommending that the 1 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 47 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) percent of the building site area. (4) Yard Setback Requirements. No building or structure, or any part thereof, 2 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 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 Exhibit A: "Proposed Preliminary Minimum Side Yard Setbacks." Exhibit A, New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Interior Lot) Side Interior Lot Width First Floor I 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)). (d) Rear setback. The minimum rear setback of twenty -five (25) feet shall be 3 I maintained and required on principle buildings in the single - family 2 residential district, as reflected on the Land Development Code table 3 labeled "Dimensional Requirements Single - Family District" (Section 20- 4 3.5(E)). 5 6 (5) Building Height Limit. No single family residential home shall be built in the 7 City of South Miami that is more than two - stories in height. The maximum building 8 height for two -story homes shall not exceed twenty -five (25) feet. 9 10 (6) Maximum Building Coverage/Impervious Coverage. The maximum building 11 coverage and impervious coverage shall be determined for each application by using 12 the dimensional requirements set forth in subsection 11. 13 14 (7) Landscape Requirements. A minimum of fifty (50) percent of the entire front 15 yard area shall be green space. All front yard areas shall be landscaped with trees 16 and drought resistant native vegetation, as necessary, to enhance privacy from 17 abutting properties. The landscaped open space required by this Section shall consist 18 of pervious landscaped area and shall not consist of any paved or otherwise 19 impervious areas. The minimum height of new trees for two -story homes shall be 20 18'.0 ". An inventory of existing trees located onsite shall be prepared and submitted 21 to the Planning Department as part of the Environmental Review Preservation Board 22 (ERPB) application. The required landscaped plan shall be prepared by Florida 23 Registered Landscape Architect consistent with the City's Tree Ordinance. 24 25 (8) Architectural and Site Plan Review. All new two -story homes or second story 26 additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the 27 Land Development Code. The design review must be based on sound and clearly 28 articulated design principles. The architectural plans must be signed and sealed by a 29 Florida Registered Architect. 30 31 (a) The ERPB shall consider and apply the following features as part of the 32 review: 33 34 (i) Scale, color, texture and appropriateness of all proposed 35 buildings and other structures; 36 37 (ii) Quantity, quality and arrangement of all proposed landscaping 38 and open space features; 39 40 (iii) Overall compatibility of the proposed development with the 41 existing and desired character of the property and 42 neighborhood in which located; and 43 44 (iv) The installation of sidewalks along all arterial roadways and 45 compliance with the City's sidewalk policies and 46 requirements. 47 E 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 47 (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 following elements in the design concept: 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 Decorative 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 the area when considering whether a new building or structure or a I substantial addition to an existing building or structure is in context with 2 both sides of the street on the block where it is located and surrounding 3 properties. The ERPB shall review the building or structure in the 4 context of that area in which the site is located when a new building or 5 structure or a substantial addition to an existing building or structure is 6 located on a building site that is on the border of two areas that have 7 different character or content. 8 9 (e) The Planning Director shall have the administrative discretion to require 10 the above review process to be accomplished prior to a Planning Board 11 public hearing on the proposed development application. 12 13 (9) Findings. The ERPB shall determine approval or disapproval of the proposed 14 designed plans. The Board shall prepare a written determination in order to state the 15 intent of its decision. The written determination shall be filed with the Planning 16 Department for inclusion in the project record. 17 18 (10) Historic Preservation Board Review. Construction of a two -story home or a 19 second story additions or alterations to existing homes in the City's Historic District 20 shall be reviewed by the Historic Preservation Board and ERPB. The Historic 21 Preservation Board shall review the application for consistency with the City's 22 historic preservation guidelines, requirements set forth in this section, and the 23 standards for the issuance of a Certificate of Appropriateness set forth in the Land 24 Development Code. The Board shall also determine compatibility with the 25 guidelines in the specific Historic Designation Report. The Historic Preservation 26 Board recommendations shall be submitted to the ERPB for consideration. The 27 ERPB shall give consideration to the findings of the Historic Preservation Board as 28 part of its review for the purpose of determining consistency with the requirements 29 set forth in this section. 30 31 (11) Development Standards. 32 The development standards are based on percentage of lot size consistent with the 33 table provided below. The lot size shall be rounded -off in order to determine the 34 appropriate lot size. 35 36 37 38 39 40 41 42 43 44 45 46 47 C� New Two -Story Single Family Residential and Second Story Additions Percentage Requirements for Maximum Building Coverage, Impervious Coverage and FAR Lot Size Maximum Building Coverage] Maximum Impervious coverage Maximum Floor Area Ratio 5,000 0.300 0.450 0.550 6,000 0.300 0.450 0.524 7,000 0.300 0.438 0.498 8,000 0.300 0.440 0.472 9,000 0.300 0.425 0.446 10,000 0.300 0.400 0.420 11,000 0.300 0.400 0.417 12,000 0.300 0.400 0.413 13,000 0.300 0.400 0.410 14,000 0.300 0.400 0.407 15,000 0.300 0.400 0.404 16,000 0.296 0.396 0.400 17,000 0.292 0.392 0.397 18,000 0.288 0.388 0.394 19,000 0.284 0.38E 0.390 20,000 0.280 0.380 0.387 21,000 0.276 0.376 0.384 22,000 0.272 0.372 0.380 23,000 0.268 0.368 0.377 24,000 0.264 0.364 0.374 25,000 0.260 0.360 0.371 26,000 0.256 0.356 0.367 27,000 0.252 0.352 0.364 28,000 0.248 0.348 0.361 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 29.000 0.244 0.344 0.357 30,000 0.240 0.340 0.354 31,000 0.236 0.336 0.351 32,000 0.232 0.332 0.347 33,000 0.228 0.328 0.344 34,000 0.224 0.324 0.341 35,000 0.220 0.320 0.338 36,000 0.216 0.316 0.335 37,000 0.212 0.312 0.331 38,000 0.208 0.308 0.328 39,000 0.204 0.304 0.324 40,000 0.200 0.300 0.321 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 grandfathered. 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. E 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 47 48 49 50 51 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2007 APPROVED: MAYOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts- Cooper: Commissioner Beckman: PAComm Items\2007 \9- 4 -07\Mc Mansion Ordinance 8- 14- 2007Planning Board Hearing.doc 0 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 2007 City Commission Chambers 7:30 P.M. �� nm ✓ 1J 1!1 1 I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7: 40 A.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Beckman. Board Member Absent: Ms. Yates and Ms. Chael City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing PB -07 -023 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20- 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 Action: Ms. Farfan read the ordinance into the record. Planning Board Meeting Page 2 of 3 Mr. Perez thanked the Board members who participated in this process. During this process citizens have expressed their concerns regarding two -story homes. At its, February 6, 2007 meeting, the City Commission adopted Resolution No. 03 -07 -1904, which established a moratorium applicable to the construction of new two -story residential structures and additions of a second -story to existing single - family structures. The ordinance was effective for a three month period. On June 2, 2007, the City Commission extended the moratorium ordinance an additional three months when it adopted Ordinance No. 19 -07 -1920. After the moratorium a :number of workshops were held with different Boards and stakeholders. All their suggestions were taken into consideration and staff drafted an ordinance. He requested the Board to review the document and provide additional input in order to finalize the draft ordinance and thereafter make it available to the City Commission for final review. Recommendations: Staff recommended that the proposed attached draft ordinance be approved and forwarded to the City Commission. Mr. Morton questioned whether, page 3 line 18, reflected the current code and Mr. Perez replied with an affirmative. Ms. Beckman questioned whether the proposed ordinance for the two -story homes negates the "wedding cake." Mr. Youkilis responded that the ordinance mandates the wedding cake construction. Ms. Beckman advised the Board that she along with Ms. Cathy McCann requested, from the City Clerk, a list of all the Administrative Waivers that have been issued during the last two administrations. Ms. Beckman also advised that she drove around the neighborhood and documented homes that seemed large compared to their lot size. These homes were crossed referenced with the list and it was determined the oversized homes all had Administrative Waivers with a considerable amount of setbacks rewarded without scrutiny of the neighbors or the City Commission.. As examples Ms. Beckman stated that 48 percent impervious coverage was allowed when normally 40 percent is allowed; side setbacks were often reduced from 15 feet to 10.6 feet, and another was reduced from 7.6 to 6.3 percent. She added that after researching the City Charter she found the practice of Administrative Waivers violates the Charter. The City Charter reads there should be a four /fifths vote of the Commission in order "to liberalize land use and development regulations." Ms. Beckman requested the Board support her with the elimination of the Administrative Waivers in order to encourage a balance within the neighborhoods. Mr. Morton questioned whether there was a rule or policy that allows either the Planning Director or the Manager to waive 20 percent of the setbacks or lot coverage. Mr. Youkilis responded that there is a section in the LDC on Administrative Waivers where most residential districts may apply for a Waiver. The applicant does not have to go through a variance procedure if the change he /she proposes is within the limits of the waiver. Mr. Perez added that when an applicant presents their request to the Planning Department, staff evaluates the request and to assure that it has merit. The Administrative Waiver is a tool to help the citizens address a certain issue without having to go through a tedious and costly process of getting a variance and if done properly it benefits the City. Another Planning Board Meeting Page 3 of 3 process required is that applicants must obtain signatures from their surrounding neighbors as a form of approval. He added that staff calls the person to verify the signature and to ensure the addition will not impact theme In addition staff also meets with the applicant twice before the Administrative Waiver application is continued. Staff is attempting to assure the process is not abused but rather used wisely and effectively. If a Board member feels that the Administrative Waiver is something that does not that work for the interest of the City, he /she has the right, as a citizen, to go before the City Commission and ask that the section be either removed or modified. Mr. Morton stated that having recently gone through the exercise regarding lot coverage and setbacks on the two -story homes he believed that the Administrative Waiver process could be contradictory to the direction the ordinance is trying to obtain and therefore he suggested that staff be very cautious. Mr. Davis advised that he personally went through an Administrative Waiver for a client where he found that, although time consuming, staff handled the process very professionally. He witnessed first hand a non - conforming lot that the home owner could not afford to go through the hoops of a variances. The Administrative Waiver was very minor for a non - conforming bungalow where the home was to be enlarged in order to make it more feasible for a family to live however. Without the Administrative Waiver the family would not have been able to build the unit. Ms. Young questioned who she may contact, prior to the Planning Board meeting, if she has questions regarding an item on the agenda. Mr. Perez replied that staff may be contacted however Board members may not contact each other to discuss any item on the agenda. Motion: Ms. Beckman moved to approve the ordinance with the following changes: • Page 3, line 19 remove the apostrophe after "abuts" • Page 3, line 24 remove "all" and replace with "principal" • Page 4, line 4 make home plural "homes" • Page 4, line 15 add the word "new" before "trees" • Page4, line 18 add the work "Florida" and capitalize Registered Landscape Architect, and City's • Page 4, line 24 delete the word "by" Ms. Young seconded the motion. Vote: 5 Ayes 0 Nays PAComm Items \2007 \8- 21- 07\PB- Mins- 08 -14 -07 Excerpt,doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING FOR 9/4/2007 ORD. RELATING TO GRAFFITI, AMENDING CHAPTER 15, ETC, in the XXXX Court, was published in said newspaper in the issues of 08/24/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing Is advert' for publication in the said newspaper's i� Sworn to and subscribed before me this 24 day of AUGUST , A.D. 2007 (SEAL) O.V. FERBEYRE personally known to me � Cheryl H Marmer ki e My Commission DD338559 ,t p O ,Q Expires July 18, 2005 ill► I i CITY OF:SOUTH MIAMI 1 NOTICE OF PUBLIC HEARING. NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings: at its regular City Commission meeting scheduled for Tuesday, September 4, 2007' beginning at 7:30 r p-m' -An the City Commission Chambers, 6130; Sunset Drive, to consider the following items: AN ORDINANCE OF THE `MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, = RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS "`PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACE- MENT, °MARKING' ' OF 'REAL PROPERTY; PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. .AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, "RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION; 2.26.12 ENTITLED "GREEN TASK FORCE ",1N ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY. OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING. AN EFFECTIVE DATE. .AN ORDINANCE OF THE 1v1AYOR—'AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT' CODE BY INCORPORATING ANEW SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND "PERFORMANCE STANDARDS FOR-TWO-STORY SINGLE FAMILY STRUCTURES AND TWO -STORY ADDITIONS "; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATLO, MAXIMUM BUILDING HEIGHT, MAXIMUM ` BUILDING COVERAGE MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND i SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS; PROVIDING SEVERABILITY; . ORDINANCE IN CONFLICT, AND ANEFFECTIVEDATE. - A RESOLUTION OF THE MAYOR AND CITY COMMISSION j OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 4.3(I) AND SECTION I 20- 4.3(K)(1) OF THE LAND DEVELOPMENT -CODE TO PERMIT A NON - CONFORMING SIGN WITH NEW COPY TO i REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S. DIXIE HIGHWAY IN. THE "GR" GENERAL RETAIL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 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 testimony and evidence upon which the appeal is to be based. ' 8/24 07- 3- 76/879882M 22 r, 0 0 N O Ln M F- M a } Q 0 _ W S a W S F 0 z 0 u d :a U_ Y t ENGINE REBUILDERS 305 -827 -4744 wvvw. abanaengine. cony 1051 E 27 St, Hialeah, FL 33013 T 1E1VC -x 1VE Over 15 Years of experience General :Mechanic Available *Long Blocks *Short Blocks *Cylinder Heads *Crankshafts *Engine Darts Free 'Towing (in Dade with ad) 1 Year Warranty With engine installation on certain vehicles AW29946 • WR96103622 1 $75.00 OFF I I Engine Installation I With This Coupon Expires 09 -01 -07 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 4, 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 AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS. AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI. AN ORDINANCE AMENDING THE LAND DEVELOPMENT- CODE BY INCORPORATING A NEW SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE STANDARDS FOR TWO -STORY SINGLE FAMILY STRUCTURES AND TWO -STORY ADDITIONS "; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE: REQUIREMENTS. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 2043(1) AND SECTION 20- 4.3(x)(1) OF THE LAND DEVELOPMENT CODE TO PERMIT A NON- CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S. DIXIE HIGHWAY IN THE "GR" GENERAL RETAIL ZONING DISTRICT. 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:s,made which record includes the testimony and evidence upon which the appeal is to be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING FOR 9/4/2007 ORD. RELATING TO GRAFFITI, AMENDING CHAPTER 15, ETC, in the XXXX Court, was published in said newspaper in the issues of 08/24/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing is advert' for publication in the said newspaper r� Sworn to and subscribed before me this 24 day of AUGUST , A.D. 2007 (SEAL) O.V. FERBEYRE personally known to me op N., Cheryl H Marmer e My Commission DD338559 J Expires July 18, 2008 iO CITY OF.SOUTH MIAMI NOTICE OF PUBLIC HEARING, NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 4, 2007` beginning at 7:30 p.m.1nr the City Commission Chambers, 6130` Sunset Drive, to consider the following items: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE OITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS "PROVISIONS" IN ORDER 'TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS. DEFACE- MENT, MARKING OF REAL 'PROPERTY;" ; -PROVIDING FOR ENFORCEMENT AND REVOCATION . PROVISIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE, "'IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR'' "SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING -AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA. AMENDING_THE LAND DEVELOPMENT` CODE BY INCORPORATING ANEW SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND - PERFORMANCE STANDARDS FOR.TWO -STORY SINGLE FAMILY STRUCTURES AND TWO- STORY ADDITIONS "; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT,' MAXIMUM ',BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVEJDATE. - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FORA VARIANCE FROM SECTION 20 -4.3(l) AND SECTION 20-4.3(x)(1) OF THE LAND DEVELOPMENT CODE TO PERMIT ANON- CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S. DIXIE HIGHWAY IN, THE "GR" GENERAL RETAIL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. If you have any inquiries on the above items please contact the Ci 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 testimony and evidence upon which the appeal is to be based.` 8/24 07- 3- 76/879882M 22 0 0 CN 0 M r . D Q Q 0 Of Of a. W S a X W x F- 0 2 0) Z E 0 E 37 0 U_ V IABAN ENGINE REBUILDERS 305 -827 -4744 www.,abanaengine.com 1051 E 27 St, Hialeah, FL 33013 ��1\TG�1®TE Over 15 Years of experience General Mechanic Available *Long Blocks *Short Blocks *Cylinder Heads *Crankshafts *Engine Parts Free Towing (in Dade with ad) 1 Year Warranty With engine installation on certain vehicles Mv29946 WR96103622 $75.00 OFF I Engine Installation I With This Coupon Expires 09 -01 -07 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 4, 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 AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;" PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS. AN ORDINANCE RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20- 3.5(H) ENTITLED "SPECIAL DIMENSIONAL AND PERFORMANCE STANDARDS FOR TWO -STORY SINGLE FAMILY STRUCTURES AND TWO -STORY ADDITIONS "; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE: REQUIREMENTS. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 4.3(l) AND SECTION 20- 4.3(x)(1) OF THE LAND DEVELOPMENT CODE TO PERMIT A NON- CONFORMING SIGN WITH NEW COPY TO REMAIN IN FRONT OF A BUSINESS LOCATED AT 6394 -96 S. DIXIE HIGHWAY IN THE "GR" GENERAL RETAIL ZONING DISTRICT. 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 testimony and evidence upon which the appeal is to be based. r TO: Honorable City Commission Planning Board and FRPB Members CC: Yvonne Soler- McKinley, City Manager Luis Figueredo, City Attorney Julian Perez, Planning and .Zoning Director FROM: Nkenga Payne SUBJECT: Single - Family Districts DATE: August 30, 2007 South Miami bVINVI All- AmericaCity 1 2001 This is a follow -up to Commissioner Beckman's memo dated August 28, 2007, concerning single family development regulations. Attached is a copy of the new Dimensional Requirements for Single - Family Districts proposed by Commissioner Beckman in its final form. 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 (SF) 40,000 15,000 10,000 6,000 6,000 Frontage (F) 125 100 75 60 50 Min.Yard Setbacks (F)` 6c Front 50 35 25 25 25 Rear 25 25 25 25 25 Side, Interior (F) Lot Width First Floor Second Floor_ 40 -44 7.5 7.5 45 -49 7.5 9 50 -54 7.5 10 55 -59 7.5 11 60 -64 7.5 12 65 -69 8.5 13 70 -74 9.5 14 75+ 10 15 Side, Street (F) 20 15 15 1.5 15 Max. Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 Max. Building Coverage Shall be 0.300 minus 0.004 for every 1,000 SF of lot area above 15,000 SF to a minimum of 0.200. Max. Impervious Coverage Shall be (Max. Building Coverage) plus 0.100 for every 1,000 SF of lot area below 10,000 SF to a maximum of 0.45. Max. FAR Shall be (Max. Building Coverage) times 1.5 plus 0.025 for every 1,000 SF of lot area below 9,000 SF up to a maximum of 0.55. a Cumulative width of both side yards shall be: not less than 20 percent of total lot width. 6 Except that single story additions to existing single story structures may have interior side setbacks equal to existing setbacks but must be a minimum of 7.5 feet. C For irregular shaped lots, the average lot width rather than the frontage lot width shall be used at the discretion of the Planning Director. INTER- OFFICE MEMORANDUM CITY CLERK'S OFFICE Please be advised, as per our City Attorney, that members of the Boards and City Commission cannot communicate with Commissioner Beckman, or among members. MEMO Date: August 28, 2007 To: Commissioners, Planning Board Members, ERPB Members, Planning Department, City Attorney, City Manager From: Commissioner Jay Beckman Re: New Single - Family Development Regulations After thoroughly reviewing the ordinance I have found a few flaws. I request input from the Boards on my proposed changes. The purpose of this memo is to describe the problems in the ordinance in detail and to outline the proposed fixes which will hopefully result in an ordinance that will function properly. The problems and fixes are as follows. Section 2, (A) to (C)(6) As written this creates a new section in the code that gives dimensional standards for two -story houses. One -story houses would be governed by the existing dimensional requirements table in the code. This is coniusing and negates the purpose of the new dimensional standards. The problem is that the new tables that give lot coverage, impervious coverage, FAR, and side yard setbacks as a function of lot size were developed for use on both one and two story houses to remove discrepancies that occur with over- and undersized lots in a district. For example, using the existing dimensional requirements table, maximum building coverage ern a 40,000 SF lot in RS -1 is 8,000 SF, whereas it is 8,100 SF on a 27,000 SF lot in RS -3, hence the complaints concerning over- built lots in the RS -3 district of both one and two story buildings. Also note that the Minimum Lot Coverage requirement of 30% given in (C)(3) does not make any sense as Maximum Lot Coverage is.30% to 20% depending on lot size. The simple fix is to make the new dimensional standards applicable to all houses as intended by amending the existing dimensional requirements table as shown under Tab -1. Note that for maximum building coverage, impervious coverage, and FAR three simple mathematical expressions are given to replace the long table of tabulated numbers, although the tabulated numbers could be used instead (I highly favor the mathematical expressions). Also note that the mathematical expression for FAR gives slightly different values than those originally tabulated (see table under Tab -1). This occurs because for the mathematical expression I simply held Maximum FAR as 1.5 times Maximum Building Coverage (except for very small lots). This gives a more consistent and elegant solution. If the ground floor is built out to Maximum Building Coverage then the second floor can only be half the size as the ground floor. If a larger second floor is desired then the size of the ground floor must be reduced. And that is the purpose of including an FAR in the regulations, so maintaining a consistent ratio with Maximum Building Coverage makes great sense. Section 2, (C)(7) to (C)(11) These sections have to do with landscape requirements and site plan review. I would put these as a new section under Site Plan Review as shown under Tab -2. Re nest Please review these proposed changes and provide comment to the Planning Department ASAP as the ordinance is up for second reading on September 4, 2006. And it is requested that the Planning Department be sure that they get direction on all of the items raised in this memo. 0a -F OL6.- I 11 1 proposed ordinance be approved. 2 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 5 6 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 7 confirmed as being true and correct and are hereby made a specific part of this 8 Ordinance upon adoption hereof. 10 SECTION 2. That`the "Land Development Code of the City South Miami" 11 shall be amended \-to— incorporate a new-Section"-'20- 3,.5(H); entitled---" Special 12 —Dimensional and - Performance Standards -for Two - Story Single- Family Structure -and-- 13 _Tw rftry -dctiiions ,, 14 z T 6x9`, .r ,. 15O Purpose. The purpose of this ordinance is to establish special dimensional and 16 performance standards to regulate two -story single family structures and,two -story 17 additpns within the residential zoning districts of the City of South Miami.. 18 19 (B) Applicability. The requirements of this Section shall be in addition to each and 20 every other requirement of the City of South Miami Land .:Development Code 21 (Code), and iri the case of conflict, the provision of this Section shall control. 22 .. 23 (C) Performance NStandards. The performance standard" forth in this section 24 will guide the development of two -story residential./ homes in the single family 25 residential district. The performance standards are necessary in order to address yard 26 setbacks, open space, adequate landscaping, plan review process, and existing 27 character of the residential 'neighborhoods fi the City of South Miami. By 28 implementing these standards the City will' be able to preserve and enhance the 29 neighborhood character through `architectural designs that are consistent and 30 responsive to the individual coi tOxt of the City architecturally diverse 31 neighborhoods. 32 33 (1) Building Site. The development of "two -story residential hor_Zes shall be 34 constructed on a lot that is rsuitable for residential development, provides adequate Il 35 setbacks and the necessaryFnfrastructure to support the development. 36 `\ 37 (2) Minimum Lot Size. The minimum lot size for residential homes shall be subject 38 to the dimensionals requirements set forth in the Land ''Development Code table 39 labeled "Dimensional Requirements Single - Family District" :(Section 20- 3.5(E)). 40 For irregular shaped lots, the average lot width rather than the frontage width shall be 41 used at the dig cretion of the Planning Director. .. 42 43 (3) Minimum Lot Coverage. The building coverage for the first 'floor 44 permitted for single family residences shall be equal to thirty (30) perc. area Aoo r the 45 building site area. � 4 46 (4)' Yard Setback Requirements. No building or structure, or any part thereof, 47 ,including covered porches or terraces, but not including uncovered steps, projections \ 0 20 -3.5 SOUTH MIAMI LAND DEVELOP112ENT 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.) 40,000 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 2.9; Side (Street) 20 15 15 15 15 Max- Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 p-- i9tsa ding Coverage (%) First floor 20 30 30 30 30 Y4S�' Second 60 60 60 60 60 of the ir- floor Max. Impervious Coverage ( %) 30 40 40 45 a Cumulative width of both side yards shall be not less than 20 percent of total lot width. ddit4ons i_-.__ have r ����r~ �'�`.ks- wt2ere- - c�,u�nrt�on a�� building et�t /y`ce� l y�a,,�� "��� cA bk. vu t 6e a- ilh 1 Yl l ✓h (Arh OfW Te 4e y, Supp. }No. 8 50 / OIL ,4q ( 0, aVe o ).a..n a-� M 42_ disc --red-i o n of D i rec* r= Inserts Insert -1 Side Interior Lot Width First Floor Second Floor 40 -44 7.5 7.5 45 -49 7.5 9 50 -54 7.5 10 55 -59 7.5 11 60 -64 7.5 12 65 -69 8.5 13 70 -74 9.5 14 75+ 10 15 Insert -2 Max. Building Coverage. Shall be 0.300 minas 0.004 for every 1,000 SF of lot area above 15,000 SF to a minimum of 0.200. Max. Impervious Coverage. Shall be (Maximum Building Coverage) plus 0.100 for every 1,000 SF lot area below 10,000 SF to a maximum of 0.45. Max. FAR. Shall be (Maximum Building Coverage) times 1.5. ltu S a 9' Dw; Y /, 600 sr /off- T CxVt�-ve--2) d SPr•nndS +nrv� Ari �t�.,.+� Maximum Building Coverage, Impervious Coverage and FAR bcXS e""( or, /. S- K M-�Zx Caves/' " PA AO Lof Size Maximum Building Coverage Maximum Impervious Coverage Maximum Floor Area Ratio AX , • 5, 000 0.300 0.450 0.550 6,000 0.300 0.450 0.524 J 7,000 0.300 0.438 0.498 0. (-0 o 8,000 0.300 .-t�- e-444, 0.472 0- 9,000 0.300 �? �f'1 3 0.446 0 10,000 0.300 0.400 0.420 11,000 0.300 0.400 0.417 D��d 12,000 0.300 0.400 0.413 13,000 0.300 0.400 0.410® 14,000 0.300 0.400 0.407 15,000 0.300 0.400 0.404 16,000 0.296 0.396 0.400 0 L 4-'t� 3 g 17,000 0.292 0.392 0.397 18,000 0.288 0.388 0.394 0. 19,000 0.284 0.384 0.390 4 20,000 0.280 0.380 0.387 21,000 0.276 0.376 0.384 22,000 0.272 0.372 0.380 0 23,000 0.268 0.368 0.377 0 L�O 2 24,000 0.264 0.364 0.374 0` 3cl 25,000 0.260 0.360 0.371 0' 3cl 0 26,000 0.256 0.356 0.367 ° 3 27,000 0.252 0.352 0.364 O'` 28,000 0.248 0.348 0.361 01, 3 y 7 29,000 0.244 t }.344 '� -fl.357 © ®� 30,000 0.240 0.340 0.354 � • �� 311,000 0.236 0.336 0.351 32,000 0.232 0.332 0.347 33,000 0.228 0.328 0.344 ©� 34,000 0.224 0.324 0.341 0° 35,000 0.220 0:320 0.338 36,000 0.216 0..316 0.335 ©• ��$ ®� 312- 013010 37,000 0.212 -0.312 0.331 38,000 0.208 0.308 0.328 39,000 0.204 0.304 0.324 L <o 000+f 40,000 pal 0.200 0.300 Q.321 �. }eo �'�� 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ilk 1 ~`shall be erected at a lesser distance from the front, side or rear line of any bui 2 site than the front, side or rear setback distance, respectively, prescribed 3 established herein for such building site. Nothing herein shall prohibit a buildii 4 structure from having more than the minimum required setbacks. 5 6 (a) Side Setbacks (Interior). Refer to Exhibit A: "Proposed Pielimi 7 Minimum Side Yard Setbacks." 8 Exhibit A New Two -Story Single Family Residential and Second Story Additions Minimum Setbacks Requirements (Interinr I n +l Side Interior Lot Width First Floor I Setback .1 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/ \1 2. 0 65 -69 8.5 T3.0 70 -74 9.5 14.0 75 -+ 10.0 15.0``_ or Side yards shall be measured from the closest poirltk of the structure's vertical outside wall to'the side lot line, on a be parallel to the front lot line, at ground Level. Cumulative width of both mtenor side yards h 11b 1 s a e not ess 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 strucl� e that abuts a street shall be consistent with the dimensional requirements reflected on the Land Development Code table labeled " DimensionA Requirements Single - Family District" (Section 20- 3.5(E)). (d) Rear setback. The minimum rear setback of twenty -five (25) feet shall be maintained and required on principle buildings in the single - family 3 I --'residential district, as reflected on the Land Development..Code t I able 2 label'ea-"Dimensional Requirements Single-Family Di 3.5(E)). _,,,_,.Istridt (Section 20- 4 5 (5) Building Height Limit. No singl—e-,--f!,ian-iil'�y"-4residential home shall be built in the 6 City of South Miami that is more th9i'iwo_sto­_-- two -in-beight. The maximum building 7 height for two-story homes-9 &II not exceed twenty-five (2-5)-feet. 8 9 (6) Maximum-"-B-uilding Coverage/Impervious Coverage. The max� 10 coverage_ inlum, building and impervious coverage shall be determined for each application -usinR 12 r 13 (7) Landscape Requirements. A minimum of fifty (50) percent of the entire f'ron't 14 yard area shall be green space. All front yard areas shall be landscaped with trees 15 and drought resistant native vegetation, as necessary, to enhance privacy from 16 abutting properties. The landscaped open space required by this Section shall consist 17 of pervious landscaped area and shall not consist of any paved or otherwise 18 impervious areas. The minimum height of new trees for two-story homes shall be 19 18'.0". An inventory of existing trees located onsite shall be prepared and submitted 20 to the Planning Department as part of the Environmental Review Preservation Board 21 (ERPB) application. The required landscaped plan shall be prepared by Florida 22 Registered Landscape Architect consistent with the CitY 's Tree Ordinance. 23 24 (8) Architectural and Site Plan Review. All new two-story homes or second story 25 additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the 26 Land Development Code. The design review must be based on sound and clearly 27 articulated design principles. The architectural plans must be signed and sealed by a 28 Florida Registered Architect. 29 30 (a) The ERPB shall consider and apply the following features as part of the 31 review: 32 33 (i) Scale, color, texture and appropriateness of all proposed 34 buildings and other structures; 35 36 (ii) Quantity, quality and arrangement of all proposed landscaping 37 and open space features; 38 39 (iii) Overall compatibility of the proposed development with the 40 existing and desired character of the property and 41 neighborhood in which located; and 42 43 (iv) The installation of sidewalks along all arterial roadways and 44 compliance with the City's sidewalk policies and 45 requirements. 46 47 (b) Designs should use a mix of articulation, architectural elements and V. r �-- 1 residential district, as reflected on the Land Development ,C-o table 2 labele ' Dimensional Requirements Single - Family D tr ct " (Section 20- 3 3.5(E)). "a 4 5 (5) Building Height Limit. No single y� residential home shall be built in the 6 City of South Miami that is more ha two- stones�`inheight. The maximum building 7 height for two -story homes shall not exceed twenty- five12 -59 - peett.. 8 9 (6) MaximumoBuilding Coverage/Impervious Coverage. The maximum building 10 covera and impervious coverage shall be determined for each application busing 12 r $ C2 13 (7) Landscape Requirements A minimum of fifty 50 percent of the entire front 14 yard area shall be green space. All front yard areas shall be landscaped with trees 15 and drought resistant native vegetation, as necessary, to enhance privacy from 16 abutting properties. The landscaped open space required by this Section shall consist 17 of pervious landscaped area and shall not consist of any paved or otherwise 18 impervious areas. The minimum height of new trees for two -story homes shall be 19 18'.0 ". An inventory of existing trees located onsite shall be prepared and submitted 20 to the Planning Department as part of the Environmental Review Preservation Board 21 (ERPB) application. The required landscaped plan shall be prepared by Florida 22 Registered Landscape Architect consistent with the City's Tree Ordinance. 23 24 (8) Architectural and Site Plan Review. All new two -story homes or second story 25 additions shall be reviewed by the ERPB consistent with Section 20- 6.1(C) of the 26 Land Development Code. The design review must be based on sound and clearly 27 articulated design principles. The architectural plans must be signed and sealed by a 28 Florida Registered Architect. 29 30 (a) The ERPB shall consider grid apply the following features as part of the 31 review: 32 33 (i) Scale, color, texture and appropriateness of all proposed 34 buildings and other structures; 35 36 (ii) Quantity, quality and arrangement of all proposed landscaping 37 and open space features; 38 39 (iii) Overall compatibility of the proposed development with the 40 existing and desired character of the property and 41 neighborhood in which located; and 42 43 (iv) The installation of sidewalks along all arterial roadways and 44 compliance with the City's sidewalk policies and 45 requirements. 46 47 (b) Designs should use a mix of articulation, architectural elements and rd I exterior finishes reducing the perceived scale and bulk of buildings, 2 including low to moderately pitched roofs and recesses under roof 3 creating indoor /out door living spaces (terraces). In considering the 4 design of the building, the ERPB shall consider and apply Section 7(a)(i) 5 thru (iii), and render a decision as to the adequacy of the following 6 elements in the design concept: 7 8 Trim 9 Shutters 10 Awnings and canopies 11 Windows (Fenestration) 12 Doors 13 Texture of surface 14 Colors 15 Roofs (materials, color, slope and overhang) 16 Planters 17 Window boxes 18 Walls, height, location, materials, design 19 Height of building 20 Location of structure on site 21 Site circulation in regard to pedestrian travel, parking, 22 services, grades and landscaping 23 Location of exposed piping, conduits and rain water leaders 24 The impact on adjacent properties of continuous two story 25 walls 26 Decorative lighting (height, location and style) 27 28 (c) A Comprehensive Neighborhood Analysis, photographs of the site, and a 29 statement explaining how the proposed building complies with the 30 architectural style surrounding the site must be submitted as part of the 31 ERPB application. The ERPB shall require changes to the plans to ensure 32 that the design preserves the existing architectural style of the 33 neighborhood, unless specified to the contrary, and promotes design 34 excellence in the community. The ERPB, as part of the its application for 35 review, shall require the submission of photographs of both sides of the 36 street and all abutting properties, on the block where the new two -story 37 home or two -story addition is to be constructed. 38 39 (d) The architectural context includes the height, scale, massing, separation 40 between buildings, and style in regard to how buildings and structures 41 relate to each other within a specified area. Architectural context allows 42 for differences in height, scale, massing, and separation between 43 buildings and style, when such differences contribute to the overall 44 harmony and character of the area. The ERPB shall not take into 45 consideration existing buildings and structure that are out of context with 46 the area. when considering whether a new building or structure or a 47 substantial addition to an existing building or structure is in context with 5 1 2 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 47 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) ev—M-pvniv _ n# -Standards. The development stands `are, bas, table provided below ..The lot size of lot size consistent with the -Off in order to determine the 0 New Two -Story Single Family esidential and Second Y Story Additions Percentage Requirements for Maximum Building Coverage, ImDervious (nvr -rang and FOR Maximum Maximum Impervious Maximum Floor Lot S �e Building Coverage Coverage Area Ratio 5,000 0.300 0.450 0L550 6,000 0.300 0.450 0.524 7,000 0.300 0.438 0.498 8, 000 �k 0.300 0.440 0.472 9,000 0.300 0.425 0.446 0:'300 10,000 0.400 0.420 v 11,000 0.3Q0 0.400 0.417 12,000 0.300~ 0.400 0.413 13,000 0.300 0.400 0.410 14,000 0.300 0.400 0.407 15,000 0.300, 0.400 0.404 16,000 0.296 0.396 0.400 17,000 0.292 0.392 0.397 18,000 0.288 ,t 70.388 0.394 19,000 0.284 0;384 0.390 20,000 0.280 0.880 0.387 ,G 21,000 0.276 0.376. 0.384 22,000 0.272 0.372 0.380 23,000 0.268 0.368 0.377 24,000 0.264 0.364 0.374 25,000 0.260 0.360 `'. 0.371 26,000 0.256 0.356 ''0.367 27,000 0.252 0.352 0.364 28,000 0.248 0.348 0.361`: 1 3 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 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 grandfathered. SECTION A 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 S In case conflicting regulations exist, the requirements set forth in this regulation shall apply. SECTION A. 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. SECTION8 This ordinance shall be effective immediately after the. adoption hereof. 9000 0.244 0.344 0.357 [3:0:,'0 ZO\ 4`, 0.240 0.340 0.354 31,000 0.236 0.336 0.351 32,000 0.232 0.332 0.347 33,000 0.28 0.328 0.344 34,000 0.224 0.324 0.341 35,000 0.220 0;320 0.338 36,000 0.216 -1°0..316 0.335 37,000 0.212 0.31• 0.331 38,000 0.208 0.308 0.328 39, 000 0.204 0.304 0a324 40,000 0.200 0.300 0.321 1, SECTION 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 grandfathered. SECTION A 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 S In case conflicting regulations exist, the requirements set forth in this regulation shall apply. SECTION A. 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. SECTION8 This ordinance shall be effective immediately after the. adoption hereof. v 1 PASSED AND ADOPTED this 2 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 10 READ AND APPROVED AS TO FORM: 11 12 13 14 15 CITY ATTORNEY 16 day of , 2007 APPROVED: MAYOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts- Cooper: Commissioner Beckman: 17 ip 19 Z.1McMansions\Draft Ordinance\Mc Mansion Ordinance 8- 14- 2007Planning Board Hearing.doc 54 55 56 57 58 59 60 61 62 63 E Miami, August 30, 2007 Re: Memo from Commissioner Beckman I would like to thank commissioner Beckman for his valuable contribution to the task of revising the current single - family development regulations. I find his remarks and suggestions very appropiate, clear and simple, making it easier for the applicant to understand it. Specifically, I find the revised F.A.R. table to be a great help in determining what can be built on any specific lot size. (The alternative to the table; the three mathematical expressions, present more probabilities of errors since there are more computacions to be made.) Good his observation of the discrepancy regarding the min.and max. lot coverage contradiction I hope commissioner Beckman's ideas will be implemented in the new set of regulations. Giorgio Balli A.I.A. architect E.R.P.B. member R ECEIVE� AUG 3 0 200 CITY CLERK'S OFFICE