| | | | | | | |  | Ordinances - R5 G
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | March 7, 2018 | | | | First Reading
| | SUBJECT: | ADMINISTRATIVE REVIEW OF BALCONIES FOR LIFE SAFETY MODIFICATIONS:
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, FLORIDA, BY AMENDING CHAPTER 118, “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE VI, “DESIGN REVIEW PROCEDURES,” AT SECTION 118-260, ENTITLED “ADMINISTRATIVE REVIEW PROCEDURES,” TO PROVIDE AN EXCEPTION FOR ADMINISTRATIVE REVIEW OF BALCONIES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for April 11, 2018.
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| | | | | | | | ANALYSIS
| 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 (LUDC) and Planning Board for consideration and recommendation (Item C4Z).
On February 7, 2018, the LUDC discussed the item and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation by Acclamation.
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 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.
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, porches 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.
PLANNING BOARD REVIEW
The Planning Board is scheduled to review and transmit the proposed Ordinance Amendment on February 27, 2018. The Administration will advise the City Commission of the Planning Board recommendation at First Reading.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for April 11, 2018. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner John Elizabeth Aleman |
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