SINGLE FAMILY FRONT AND STREET SIDE SETBACK REGULATIONS RAISED STREET HARMONIZATION

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," DIVISION 2, ENTITLED, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," AT SECTION 142-106, ENTITLED, "SETBACK REQUIREMENTS FOR A SINGLE-FAMILY DETACHED DWELLING" BY MODIFYING FRONT AND STREET SIDE SETBACK REQUIREMENTS FOR PROPERTIES THAT SEEK TO HARMONIZE EXISTING YARD ELEVATIONS WITH CITY STREET RAISING PROJECTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

HISTORY

On September 12, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee (LUDC) and the Planning Board (Item C4E).  On October 31, 2018, The Land Use and Development Committee recommended that the City Commission approve the subject Ordinance.

PLANNING ANALYSIS

The subject Ordinance amends Section. 142-106 of the City Code, regarding minimum open space requirements within required front and street yards for single family properties seeking to harmonize with City approved street raising projects.  Specifically, the proposal would allow for previously approved homes with less than the currently required 50% pervious area in a front and/or street side yard to maintain a lesser pervious area in conjunction with the raising of the yards to meet the elevation of a new street and sidewalk. However, in no instance could the open space area of a raised yard be less than 30%.

The subject ordinance is intended to encourage properties that are adjacent to raised streets to better harmonize with these types of streetscape projects, if their property allows for it. 

PLANNING BOARD REVIEW

On November 27, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendments and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).

UPDATE

On December 12, 2018, the subject Ordinance was deferred at First Reading to January 16, 2019, due to the length of the Commission agenda.