Planning Board Staff Report

 

 

PLANNING BOARD HEARING

Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

October 21, 2010

 

Subject

Amendment of Section 404 [Compliance with space and area restrictions.] and Section 409 Schedule of Regulations

Action Required

Recommendation to the Village Council

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 27, 2010

           

 

Background

 

At a public meeting on April 4, 2006, the Village Council passed a motion to refer amendment of Section 404 [Compliance with space and area restrictions.] and Section 409 Schedule of Regulations of the Zoning Appendix Contained in the Village Code of Ordinances to the Village Planning Board:

 

B)     Discussion Concerning Adoption to Sections 404 and 409 of the Zoning Appendix Contained in the Village Code of Ordinances

Sponsored by Stephen Loffredo

 

Mr. Loffredo introduced the item for discussion, indicating that the Village’s zoning code includes a loophole with respect to building lot frontage and his concern with future development of residential lots within the Shores.  Mr. Loffredo offered an example to demonstrate the particular circumstance to which he refers, i.e. an individual who owns a 150’ lot and their home is built on one side of the lot on 75’ and they have a tennis court or vacant land as the other 75’ lot, would be able to sell the lot and a new house could be built on that 75’ lot.  However, a property owner that owns a 150’ lot and the house is located in the middle of the 150’ lot, they would not be able to demolition their home and sell off two 75’ lots for development.  A discussion ensued regarding various scenarios which may arise and clarification was provided by Mr. Loffredo on his intent.  Following the discussion, Mr. Loffredo moved that the matter be sent to the Planning & Zoning Board to see if they can craft an ordinance which will address the issue of tearing down one home centrally situated on a 150’ lot and building two homes, one on each 75’ of lot frontage.  Mrs. Holly seconded the motion and the vote was 4 to 1 with Mayor Davis dissenting.  The Clerk requested clarification and it was the consensus of the Council to review the draft ordinance prior to any public hearing being scheduled at the Planning & Zoning Board level. 

 

 

Sec. 404.  [Compliance with space and area restrictions.]

 

No building shall hereafter be erected, nor any existing building be structurally altered, except in conformity with the regulations regarding space and area as set forth herein, provided that the minimum plot width and area regulations shall not apply to any platted lot having less than the required width of 75 feet where permanent improvements have been erected on both side lots contiguous thereto, and such lot is, upon the adoption date of this ordinance, owned by someone other than the then owner of a side contiguous lot.

 

Sec. 409 Schedule of Regulations

 

Minimum Plot  Size

Width: 75 feet  Area: 7,500 sq. ft.

 

Amendments to the Zoning Appendix Contained in the Village Code of Ordinances may be referred to the Planning Board by the Village Council for consideration and recommendation.  The Board will conduct a first reading of the proposed amendment at a public hearing October 16, 2008.  The Board will then hold a second reading of the proposed amendment at a public hearing tentatively scheduled for November 13, 2008 where the public will have an opportunity to comment on the proposed amendment, a staff report will be presented including alternative language, and after consideration of the information provided, the Planning Board will make a recommendation on the amendment to be forwarded to the Village Council.

 

Analysis

 

The present provision means that you can only build a new home on a plot that is 75 feet in width or greater.

 

If you have two adjoining 50 foot lots you are not allowed to tear down an existing residence and build two new residences one on each of the 50 foot lots, or if the house meets setback requirements on a single lot you are not able to sell off the adjoining lot and construct an additional house on it.

 

The language allows you to tear down an existing residence on a 50 foot lot and build a new residence, or build a new residence on a vacant 50 foot lot, if residences have already been constructed on the plots on either side and the owner of the lot in question does not own a contiguous lot.

 

You can not build on a vacant 50 foot lot if the owner of the 50 foot lot also owns one of the adjoining lots.

 

The present code allows owners of plots made up of multiple 75 foot lots to remove the existing improvements on the plot and sell the individual 75 foot lots as separate buildable plots.  Owners of 2-50 foot lots could not divide the plot into 2 individual 50 foot lots because the minimum plot width of 75 feet would not be met by the new configuration.

 

Amending the code to increase the minimum plot width to 80 foot would require that any new plot created by any means would have to have a plot width of 80 feet.  Dividing an existing 150 foot plot into two 75 foot lots would no longer create two buildable lots/plots as the new plots would not have an 80 foot width.

 

The existing exception language in Section 404 would protect existing platted lots of less than 80 feet in width and any platted lot of less than 80 feet in width would still be buildable provided residences are build on both sides of said platted lot and further provide the owner of said lot does not own a contiguous lot.

 

In order to meet the 80 foot plot width requirement, 50 foot or 75 foot platted lots may be combined to create plots of more than 80 feet in width.

 

Another method to meet the 80 foot plot width requirement would be through a waiver of plat or replat.  Both must be reviewed by the Planning Board and approved by the Village Council.

 

Should the Planning Board consider amendment of the code of ordinances, the following language is provided as an alternative to the language contained within the Zoning Appendix Contained in the Village Code of Ordinances:

 

The following language contained in Sec. 404  and Sec. 409 of the village code is added or deleted:

 

Sec. 404.  [Compliance with space and area restrictions.]

 

No building shall hereafter be erected, nor any existing building be structurally altered, except in conformity with the regulations regarding space and area as set forth herein, provided that the minimum plot width and area regulations shall not apply to any platted lot having less than the required width of 75 feet where permanent improvements have been erected on both side lots contiguous thereto, and such lot is, upon the adoption date of this ordinance, owned by someone other than the then owner of a side contiguous lot.

 

Sec. 409 Schedule of Regulations

 

Minimum Plot  Size

 

Width: 75 80  feet  Area: 7,500 8,000 sq. ft.

 

Recommendation

 

Should the Planning Board determine that it is in the best interests of the community to amend Section 504.2 of the Zoning Appendix Contained in the Village Code of Ordinances the Planning Board may make a motion recommending to the Village Council APPROVAL of the amendment to Article IV, ESTABLISHMENT OF REGULATIONS; Sec. 404  [Compliance with space and area restrictions.] and Sec. 409 Schedule of Regulations, Providing for the regulation of lot width and lot area, Providing for Conflicts, Providing for Severability; and, Providing for an Effective Date.  If the Board votes to recommend  APPROVAL of the amendment, staff recommends that the amendment include the following language:

 

Sec. 404.  [Compliance with space and area restrictions.]

 

No building shall hereafter be erected, nor any existing building be structurally altered, except in conformity with the regulations regarding space and area as set forth herein, provided that the minimum plot width and area regulations shall not apply to any platted lot having less than the required width of 75 feet where permanent improvements have been erected on both side lots contiguous thereto, and such lot is, upon the adoption date of this ordinance, owned by someone other than the then owner of a side contiguous lot.

 

SCHEDULE OF REGULATIONS


Being a Part of Article IV of the Miami Shores Village Zoning Ordinance No. 270

 

District

Minimum Plot Size

R-35
R-30
R-28
R-26
R-25
R-23
R-22.5
R-21
R-20
R-18.5
R-17.5
R-16.5
R-15.5
R-15
R-14.25
R-13
R-12.5

Width: 75 80 feet

 Area: 7,500 8,000 sq. ft.