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2017-4098 Ordinance OCEAN TERRACE OVERLAY— BALCONY PROJECTIONS ORDINANCE NO. 2017-4098 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. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development within the North Beach area; and WHEREAS, consumer preferences in Miami Beach, especially for properties near the ocean, are to have large exterior balconies; and WHEREAS, the City of Miami Beach desires to allow new construction to meet the consumer preferences for large exterior balconies as long as the balconies meet other performance criteria provided in the land development regulations; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article III, Division 11 entitled "Ocean Terrace Overlay", is hereby amended as follows: Sec. 142-870.1. —Compliance with regulations. * * * (b) Allowable encroachments and projections, consistent with Section 142-1132(o), within required yards. (1) Exterior unenclosed private balconies and pool decks. a. For buildings situated on properties with an underlying designation of CD-2, allowable encroachment is 7.5 feet into any required yard. b. For buildings situated on properties with an underlying designation of MXE: 1. Allowable front yard encroachments are: i. Twelve feet for the pedestal, and ii. Ten (10) Eight (8)feet for the tower. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 17 day of M A t/ , 2017. MAYOR ATTEST:A, di Z CITY C RK " ,AC ���� APPROVED AS TO F ,. •. ��* FORM AND LANGUAGE s '' & FOR EXECUTION o ;.`; ,, City Attorney Date First Reading: April 26, � ,� Second Readi _: May 17 20„. . :. 0 Verified by: I L' k Thomas Money, P Planning Direct. Underscore denotes new language denotes removed language T:\AGENDA\2017\4 -April\Planning\Ocean Terrace Overlay Regulations BALCONY PROJECTIONS - First Reading ORD.docx Ordinances - R5 J M AM I BEACH COMMISSION MEMORANDUM 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. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. 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 C40). 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. Page 502 of 878 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. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Legislative Tracking Planning Sponsor Commissioner Joy Malakoff ATTACHMENTS: Description ❑ Form Approved Ord - Ocean TenBalcony Page 503 of 878