C4C - Review Single-family Side Yard Rules

Committee Referrals - C4 C

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) refer the attached draft ordinance to the Planning Board.

BACKGROUND/HISTORY

On February 3, 2025, at the request of Commissioner David Suarez, the City Commission referred a discussion item pertaining to the minimum open space requirements for the side elevations of two-story single-family homes (C4 AC) to the Land Use and Sustainability Committee (LUSC). On May 8, 2025, the LUSC discussed and continued the item to a future meeting for additional updates. On July 10, 2025, the LUSC recommended that the City Commission refer an ordinance amendment to the Planning Board, in accordance with the recommendations in the LUSC memorandum.

ANALYSIS

Section 7.2.2.3.b.2 of the Land Development Regulations of the City Code (LDRs) requires that two (2) story single-family homes exceeding 60 feet in length incorporate additional open space exceeding the minimum required side yards. The purpose of this additional open space within side yards is to add movement to long expanses of uninterrupted two-story volumes at or near the required side yard setback lines.

The attached draft ordinance amends Section 7.2.2.3.b.2 of the LDRs, by updating and clarifying the additional open space regulations for side elevations of two-story single-family homes. The proposed amendments include updates to the location and minimum dimensions of additional required open space, as well as provisions for such space to be utilized as a water feature.

The Administration is supportive of the proposed text amendments as they will help simplify the single family home regulatory requirements.

APPLICATION FEE WAIVER The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. 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 Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

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.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary to implement best practices in urban planning and waive the applicable fees.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1. The City Commission refer the attached draft ordinance to the Planning Board.

2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees to implement best practices in urban planning.

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Planning

Sponsor(s)

Commissioner David Suarez

Co-sponsor(s)

Condensed Title

Ref: PB - Side Yard Open Space Requirements in Single Family Districts. (Suarez) PL

Previous Action (For City Clerk Use Only)