| | | | | | | |  | Ordinances - R5 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 17, 2017 | | | | 10:45 a.m. Second Reading Public Hearing
| | SUBJECT: | OCEAN TERRACE OVERLAY - BALCONY PROJECTIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," OF THE LAND DEVELOPMENT REGULATIONS, AT ARTICLE III "OVERLAY DISTRICTS", DIVISION 11 "OCEAN TERRACE OVERLAY," AT SECTION 142-870.1, ENTITLED “COMPLIANCE WITH REGULATIONS,” TO ALLOW EXTERIOR UNENCLOSED PRIVATE BALCONIES FOR BUILDINGS SITUATED ON PROPERTIES WITH AN UNDERLYING DESIGNATION OF MXE TO ENCROACH TEN (10) FEET INTO THE FRONT YARD SETBACK; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the Ordinance. |
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| | | | | | | | ANALYSIS
| BACKGROUND
On February 8, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred the subject ordinance to the Land Use and Development Committee for discussion and recommendation (item C4O).
On February 15, 2017, the Land Use Committee discussed the proposal and recommended that the City Commission refer the Ordinance to the Planning Board (item C4F). On March 1, 2017, the City Commission referred the proposed ordinance to the Planning Board.
PLANNING ANALYSIS
The proposed draft ordinance would amend the maximum allowable balcony projections within the Ocean Terrace Overlay District. Specifically, the proposed ordinance would amend the allowable encroachment of a balcony at the tower level into the front yard from the current eight (8') feet to ten (10') feet for those buildings with an underlying designation of MXE. Since the review and approval of the Historic Preservation Board is required for such balcony projections, the proposed two (2’) foot increase would still be subject to compliance with the Certificate of Appropriateness criteria.
PLANNING BOARD REVIEW
On March 28, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on April 26, 2017, with no changes.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission adopt the Ordinance. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Joy Malakoff |
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