FAENA DISTRICT OVERLAY - WORKS OF ART AMENDMENT:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE Ill "OVERLAY DISTRICTS'', DIVISION 10 "FAENA DISTRICT OVERLAY", TO ALLOW WORKS OF ART IN THE FAENA DISTRICT OVERLAY TO ENCROACH INTO THE REQUIRED YARDS SUBJECT TO COMPLIANCE WITH MINIMUM STANDARDS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

BACKGROUND
On March 1, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the subject ordinance to the Land Use and Development Committee for discussion and recommendation (item C4I).

On March 8, 2017, the Land Use Committee discussed the proposal and recommended that the City Commission refer the Ordinance to the Planning Board. On April 26, 2017, the Mayor and City Commission referred this item to the Planning Board for consideration (item C4I.)


PLANNING ANALYSIS
The proposed draft ordinance would amend Chapter 142, Article III, Division 10, of the Land Development Regulations of the City Code, pertaining to the FAENA District Overlay. The amendment would allow the Historic Preservation Board to review defined works of art located within required yards, subject to the Certificate of Appropriateness criteria in the City Code.

Specifically, the works of art, whether temporary or permanent, may be placed within any required yard of a property located within the Faena District Overlay subject to the following:

a) It shall not be placed in or overhang above the public right-of-way unless a revocable permit is obtained pursuant to Chapter 82, Article III, Division 2, of the City Code.

b) It shall not encroach into the safe sight triangle as depicted in the City Public Works Manual. The 15-foot sides of the safe sight triangle shall be measured from the edges of pavement of the two (2) intersecting roadways.

c) It shall not diminish the clear width of a sidewalk to less than five (5) feet.

d) It shall not diminish landscaping to a level that would make the landscaping nonconforming.

e) It shall be subject to review and approval of a Certificate of Appropriateness by the Historic Preservation Board.

PLANNING BOARD REVIEW
On May 23, 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 June 7, 2017, with no changes.