2017-4120 Ordinance FAENA DISTRICT OVERLAY—WORKS OF ART AMENDMENT
ORDINANCE NO. 2017-4120
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 III "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.
WHEREAS, the City desires to encourage and allow properties within the Faena
District Overlay to install and place works of art that are accessible to the public in outdoor
locations; and
WHEREAS, the City finds that it is not necessary or desirable for such works of art to
be classified as a regular structure that would otherwise be subject to setback requirements
applicable to structures; and
WHEREAS, the City desires to allow such works of art to encroach into the
required yards for structures subject to meeting minimum placement standards;
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. Chapter 142, Article III entitled "Overlay Districts", Division 10 "Faena District
Overlay" is hereby amended as follows:
CHAPTER 142
ARTICLE III OVERLAY DISTRICTS
DIVISION 10. FAENA DISTRICT OVERLAY
Sec. 142-868. Definitions.
For this Division, the following definitions shall apply:
* * *
3. Works of art means the application of skill and taste to the production of tangible
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objects according to aesthetic principles, including but not limited to paintings,
sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics,
statues, bas-reliefs, tapestries, photographs and drawings, or combinations thereof.
Sec. 142-869. Compliance with regulations.
The following overlay regulations shall apply to the Faena District Overlay. All
development regulations in the underlying regulations shall apply, except as follows:
* * *
ff Installation of a work 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:
i. 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.
ii. 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 intersecting roadways.
iii. It shall not diminish the clear width of a sidewalk to less than five (5) feet.
iv. It shall not diminish landscaping to a level that would make the
landscaping nonconforming.
v. It shall be subject to review and approval of a Certificate of Appropriateness
the Historic Preservation Board.
* * *
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.
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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 c2 day of 1(f , 2017.
Philip Levin-, Ma/
ATTEST:
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.ate �� , ''a�
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Rafael E. Granado, City Clerkp__,-.: es- -.... 4� APPROVED AS TO
`� ORM & LANGUAGE
First Reading: June 7, 2017
ORFIED : FOR EXECUTION
Second Reading: Jul 26, 2017 rk N0P . S
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IA �; ••. •••6 r0 City -ttorney Dote
Verified By: , , .�
Thomas R. Mooney, i ' P
Planning Director
Underline = new language
Str-ilcethroug-14= deleted language
T:\AGENDA\2017\6-June\Planning\FAENA Overlay Works of Art Amendment-First Reading ORD.docx
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Ordinances- R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
10:35 a.m. Second Reading Public Hearing
SUBJECT 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.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
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 C41.)
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.
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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.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ordinance
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