In order to ensure that the City’s regulations and processes relating to private development projects are fair, balanced and efficient, the City solicited proposals from qualified firms to provide data-driven regulatory and process reviews, peer and best practice recommendations and recommendations for process improvement (both administrative and legislative). The goal of this comprehensive effort is to ensure that the regulations and processes affecting private development are efficient and streamlined. Specifically, the goals are to:

• Attract sustainable and resilient development;
• Safeguard quality of life within neighborhoods;
• Promote historic preservation;
• Improve both the customer experience and staff process.

The Matrix Consulting Group, LLC was chosen to review the City’s regulations and processes related to private development.

On May 22, 2019, the Land Use Development Committee (LUDC) reviewed the report of the Matrix Group and recommended that the City Commission accept the recommendations of the administration and requested that the administration provide a timeline for the recommendations moving forward. On June 5, 2019 the City Commission adopted Resolution No. 2019-30863 endorsing the administrations recommendations based on the Matrix study.

The adoption of this resolution included a referral of the work plan to the LUDC. Additionally, required amendments to the LDR’s were referred to the LUDC and Planning Board. One of these amendments was the simplification of the single-family development regulations.

On July 24, 2019, the LUDC discussed this amendment and recommend that the Planning Board endorse the Ordinance. On September 24, 2019, the Planning Board transmitted the ordinance to the City Commission with a favorable recommendation. On October 16, 2019, the City Commission discussed the proposed ordinance amendment and rereferred the item back to the LUDC to start the amendment process with the new City Commission from the beginning. Commissioner Ricky Arriola agreed to become the new sponsor for the proposal.

The December 2019 LUDC was cancelled, and the subject ordinance was placed on the January 21, 2020 agenda of the Land Use and Sustainability Committee. The item was deferred to the February 18, 2020 LUSC meeting. On February 18, 2020 the item was deferred to March 17, 2020. The March 17, 2020 LUSC meeting was postponed and the item was placed on the June 30, 2020 LUSC agenda.

Commissioner Mark Samuelian became the sponsor for the item on June 30, 2020. Additionally, the LUSC discussed the item on June 30, 2020 and continued the matter to July 21, 2020.

The Matrix study contained 33 initial recommendations, five of which staff has recommended not move forward. 11 of the initial recommendations have already been implemented by staff. Several of the recommendations required amendments to the Land Development Regulations. The subject ordinance is related to the recommendation that single-family home development regulations be simplified.

The simplification of the single-family home development regulations will accomplish three main objectives:
(1) The regulations will be easier for lay-persons to understand;
(2) The regulations will be easier for design professionals to understand and meet code requirements; and
(3) They will help to simplify and expedite permit review.

Among other changes, the attached proposal would simplify how lot coverage and unit size is calculated for single-family homes. The ordinance also proposes staff review for homes utilizing the understory regulations in all circumstances. The attached chart (Exhibit A) is a summary of the proposed amendments, as refined and modified based on the discussion at the City Commission meeting of October 16, 2019 and further analysis by staff. Graphic illustrations of existing and proposed regulations are also attached (Exhibit B).

Additionally, staff has met with practicing architects who frequently use the single-family regulations, as well as representatives of MDPL and MBU for their input. These discussions have also informed the proposed revisions to the ordinance.

UPDATE

At the June 30, 2020 LUSC meeting, additional information was requested regarding understory homes that have been reviewed by the DRB. The following is a summary of homes reviewed by the DRB with an understory, since 2017:

DRB Meeting     DRB File             Address                            Description

7/7/2017            DRB16-0082      2120 Lucerne Ave              Understory and Pre-1942           

1/2/2019            DRB18-0334      40 West Rivo Alto Dr         Understory, Pre-1942, waivers  

2/5/2019            DRB18-0347      4534 Sheridan Ave             Understory, Pre-1942, waivers and variances     

10/2/2019          DRB19-0427      4260 Pine Tree Dr              Understory, waivers and variance           

11/5/2019          DRB19-0456      250 South Hibiscus Dr       Understory, Pre-1942 and waiver             

12/13/2019       DRB19-0445      420 South Hibiscus Dr        Understory, Pre-1942, waiver and variance        

3/3/2020            DRB19-0395      426 W. San Marino Dr       Understory, Pre-1942  and waivers         

7/7/20                DRB20-0514      250 E Rivo Alto Dr               Understory ONLY           

7/7/20                DRB19-0468      4880 Pine Tree Dr               Understory, Pre-1942 and waivers         

7/7/20                DRB20-0507      10 Star Island Dr                 Understory, waivers and variance

10/6/20              DRB20-0558      1161 Stillwater Drive         Understory ONLY (pre-application)

As you will note, other than 250 East Rivo Alto and 1161 Stillwater Drive, all of the applications included a mandatory review by the DRB, due to a pre-1942 replacement, waiver or variance request.  The administration still recommends that the understory portion of a new single family be reviewed administratively, as the overall height of the home would not be impacted by the introduction of an understory area.