| | | | | | | |  | Ordinances - R5 M
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Raul J. Aguila, Interim City Manager | | | DATE: | January 13, 2021 | | | | First Reading
| | SUBJECT: | PRE-1942 SINGLE-FAMILY FENCE HEIGHT MODIFICATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-106, ENTITLED "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING," TO MODIFY FENCE REQUIREMENTS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at first reading and schedule a second reading public hearing for February 10, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| | On October 14, 2020, at the request of Commissioner Micky Steinberg, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board by (item C4I). On November 24, 2020, the LUSC recommended that the City Commission approve the Ordinance. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Pursuant to Sec. 114-1 of the Land Development Regulations (LDR’s) grade is the elevation of the abutting sidewalk, at the center of a property. Additionally, adjusted grade is defined as follows:
Grade, adjusted means the midpoint elevation between grade and the minimum required flood elevation for a lot or lots.
As an example, if sidewalk grade is at 4 feet and minimum flood elevation is at 8 feet, the adjust grade of the yard of the property may be raised to 6 feet. Adjusted grade is primarily applicable to new construction, as most older homes in the City were built below current minimum flood elevation.
Recently, the City code was amended to allow single family properties where the required yard is elevated to adjusted grade, to measure the height of fences, walls and gates from adjusted grade along a side or rear yard. The code also requires that the portion of fences or walls located above 4 feet in height from adjusted grade consist of open pickets. In all other instances, walls and gates are measured from grade, which is typically the sidewalk elevation at the front of the property.
There have been instances where a pre-1942 architecturally significant home has a very low sidewalk (grade) elevation; and a rear yard that has been elevated above grade, for example as part of a pool deck construction. The proposed amendment would apply only to existing pre-1942 architecturally significant homes, where a substantial portion of the existing rear yard and/or side yard is located at least 12 inches above grade. Specifically, pre-1942 homes with this condition would be able to measure the overall height of fences, walls and gates from the yard elevation along a side or rear yard, including a side yard facing a street.
The proposed modification is intended to address privacy concerns related to unique circumstances where there is an elevated side and rear yard on the lot of an architecturally significant single-family home constructed prior to 1942. In these instances, it may not be feasible to modify the existing yard and raise it to adjusted grade, in order to create a buffer area adjacent to the property line and provide the ability to construct a higher fence along the property line.
PLANNING BOARD REVIEW
On December 14, 2020 the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, Citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at first reading and set a second reading/public hearing for February 10, 2021. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Micky Steinberg |
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