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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 3.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Development Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: February 7, 2018
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| | | | | | | | | TITLE: | DISCUSSION REGARDING AN ORDINANCE RELATING TO ADMINISTRATIVE REVIEW OF BALCONIES TO ENSURE COMPLIANCE WITH THE FLORIDA LIFE SAFETY CODE
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| | | | | | | | HISTORY:
On December 13, 2017, at the request of Vice-Mayor John Elizabeth Aleman, the City Commission referred the subject ordinance to the Land Use and Development Committee and Planning Board for consideration and recommendation (Item C4Z).
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| | | | | | | | Analysis
PLANNING ANALYSIS
Under the Land Development Regulations of the City Code, any exterior improvements or modifications proposed for buildings located in commercial or multi-family zoning districts require the review and approval of the Design Review Board (DRB). However, under Sec. 118-260 of the LDR’s, certain exterior improvements may be reviewed at staff level. Currently, such administrative review does not extend to new or significant modifications to exterior balcony and terrace rails.
The proposed ordinance would modify the administrative review procedures relating to balconies, terraces, porch and stairway safety rails. Such review would be to address balconies and terraces that have become non-conforming as to the Florida Life Safety Code. In this regard, some older buildings in the City have balconies and terraces that do not meet current minimum Life Safety Code requirements for railing height and the maximum width of openings within a rail. In order to provide staff with more flexibility to review modification to balconies to address the requirements of the Life Safety Codes, the provisions of Section 118-260 are proposed to be modified as follows:
Sec. 118-260. - Administrative review procedures.
(a) The planning director or designated representative, shall have the authority to approve, approve with conditions or deny an application on behalf of the board, for the following:
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(9) Applications related to exterior balcony, terrace, porch and stairway safety rails on existing buildings, which have been issued a violation by an agency or city department responsible for the enforcement of Florida Statutes associated with life and safety codes.
The proposal herein is specific to those properties that are subject to design review approval, and would allow for administrative review of more substantial alterations to balconies, terraces, porch and stairway safety rails. Staff level design review would be in addition to all other applicable regulatory reviews, including Building (structural) and Fire. The proposal herein is not applicable to properties located within a locally designated historic district or site.
In order to ensure that the proposal is limited to existing balconies that have become non-conforming as it pertains to existing State Codes (e.g. overall height and the maximum dimensions of openings), the following revised language for Sec. 142-260(9) is suggested:
(9) Applications related to exterior balcony, terrace, porch and stairway safety rails on existing buildings, which have become non-conforming as it pertains to applicable Florida State Codes, and which have been issued a violation by an agency or city department responsible for the enforcement of Florida Statutes associated with life and safety codes. Modifications required to address compliance with applicable State Codes shall be consistent with the original design character of the existing rails, and may include the introduction of secondary materials such as fabric mesh, solid panels and glass panels.
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| | | | | | | | CONCLUSION:
The Administration recommends that the Land Use and Development Committee discuss the item and provide appropriate policy direction. If there is consensus on the draft ordinance, it is further recommended that the item be endorsed for approval at the Planning Board, subject to the revisions suggested by staff above.
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