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HomeMy WebLinkAbout2006-26156 Reso RESOLUTION NO. 2006-26156 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE LA GORCE COUNTRY CLUB, INC., TO ALLOW PROPERTY OWNERS ON THE STREET ENDS SURROUNDING LA GORCE GOLF COURSE CONTINUED HISTORICAL ACCESS TO THEIR DRIVEWAYS WITHOUT INTERFERENCE BY OR COMPENSATION TO LA GORCE. WHEREAS, on May 8, 2002 the City Commission adopted Ordinance 2002-3367 amending the land development regulations in the GC Golf Course District, affecting privately-owned golf courses in the City, including La Gorce Country Club, Inc., ("La Gorce) and its golf course, in part to allow La Gorce the right to replace its club house without the necessity of applying for a variance as to height, but also in part to regulate La Gorce's ability to install a fence on its property boundary; and WHEREAS, La Gorce claimed that it needed to install the fence to protect the golf course from physical encroachments from surrounding single family property owners into the golf course property, and to protect the golf course from pedestrian and vehicular trespassers; and WHEREAS, La Gorce challenged the fence and landscaping provisions in Ordinance 2002-3367, first by Petition for Writ of Certiorari, to the Appellate Division of the Circuit Court, and then by Complaint in the General Jurisdiction Division of Miami- Dade County Circuit Court; and WHEREAS, the Appellate Division denied La Gorce's Petition, which decision was upheld by the Third District Court of Appeal, however, the trial court in the General Jurisdiction Division after a two-day trial declared the fence and landscaping provisions of Ordinance 2002-3367 unconstitutional; and WHEREAS, following the City's filing of an appeal from the trial court's decision, the parties agreed to settle their dispute, allowing La Gorce to place a four foot high fence on its perimeter boundary, based on agreed design standards, and La Gorce would, when installing and maintaining hedges and other landscaping, excluding trees, provide a view of the golf course from abutting residential properties; and WHEREAS, La Gorce has, in addition to installing a fence on the golf course property boundary behind the abutting single family homes, has installed or begun installation of fences across the street ends surrounding the golf course, including at 53rd Street (near Alton Road) and 60th Street (near La Gorce Drive); and WHEREAS, the fences across these street ends block the historical access to the driveways by the abutting homeowners, whose access stems back to the 1930's and 1940's when their homes were built; and WHEREAS, some of the homeowners surrounding the golf course have sued La Gorce and the City to protect their interests in having the fence correctly located, views preserved, and to maintain their historical access to their driveways, and have also raised questions with the City about whether the fence is being correctly located on the golf course property boundary, and whether the fencing of the street ends is legally valid; and WHEREAS, the City's review of the 1925 plat and 1932 dedication of public streets and rights-of-way, and 1945 deed to La Gorce of the golf course and related parcels has raised the question as to whether the claim of La Gorce that it has title to the subject street ends unencumbered by the prior dedication to the City is legally valid, as well as other questions resulting from somewhat ambiguous documents of conveyance, which contribute to the uncertainty raised by the homeowners' questions; and WHEREAS, La Gorce has offered to sell to the abutting homeowners rear lot easements behind the single family homes, where the proposed easement property is not being used by the golf course, and easements across the street ends to guarantee affected homeowners access to the driveways of their homes; and WHEREAS, while the rear lot easements are being offered where the golf course operations are not impacted, and an amenity is being provided to the homeowners through this exchange, the easements across the street ends are more in the nature of a necessity to provide access to driveways and garages that were built in the 1930's and 1940's based apparently on a reliance of prior understanding of title, license or permission that has not as yet been discovered; and WHEREAS, the City Commission has been presented with the above facts and believes that La Gorce and the affected homeowners, as neighbors, should find other ways to resolve the driveway access question rather than continuing litigation and selling easements across the street ends, so that the affected homeowners can recover their historical access since the 1930's and 1940's and these neighbors can return to the vision of Carl Fisher and those who designed these neighborhoods and golf course as a paradise to be enjoyed, and shared. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission urge the La Gorce Country Club, Inc. to recognize the historical access through the street ends afforded affected homeowners surrounding La Gorce Golf 2 "- Course, and to reach a settlement with thes omeowners that allows them access to their driveways without requiring compensa' n he fore or further litigation. PASSED and ADOPTED this ,2006. MAYOR David Dermer Robert Parcher APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ~ $-2~-ot, ~ Ci y Attorney Date F:\atto\HELG\Resolutions\La Gorce Easement Access Resolution.doc 3 COMMISSION ITEM SUMMARY Condensed Title: Amendment pertaining to legalization of non-conforming setbacks and permitting encroachments into easement areas in the GC Golf Course District La Gorce Golf Club. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character. Issue: Should the City allow for non-conformities to become legal, establish rear setbacks for pools, decks and required rear yards; permitting decks and in-ground pools to encroach into the easement areas; and conveyed easement areas shall not be included in the determination of lot coverage and other develo ment ri hts in the GC Golf Course District La Gorce Golf Club. Item Summary/Recommendation: The proposed ordinance would allow nonconformities to be legalized, establish new setbacks for pools and decks and permit encroachments into the conveyed areas. The conveyed areas would not be included in the determination of development rights. The Administration recommends that the Commission withdraw this item indefinitely until such time as the resolution of the current legal proceedings is achieved. Adviso Board Recommendation: At the March 29, 2005 meeting, a motion was made and approved by a vote of 4-1, to recommend approval of the ordinance with some modifications, which are reflected in the Planning Board version of the ordinance. A second motion was made and approved unanimously to recommend that should the Commission allow structures on the easement area, onl in- round ools/decks be allowed. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares Si n-Ofts: Department Director Assistant City Manager City Manager T:\AGENDA\2006\mar0806\Regular\1704 - GC regs sum 3-8.doc m ,.,. MIAMIBEACH AGENDA ITEM DATE RSI-/ .3 -~..-of, lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission DATE: Jorge M. Gonzalez, City Manager ~ ~ March 8, 2006 0 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY CREATING SECTION 142-109, "DEVELOPMENT REGULATIONS FOR SINGLE-FAMILY LOTS ABUTTING A GC GOLF COURSE DISTRICT," PROVIDING FOR LEGAL, NON-CONFORMING STATUS FOR EXISTING STRUCTURES, REAR SETBACKS AND ENCROACHMENTS INTO EASMENT AREAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. FIRST READING FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Since the last time that this item was considered by the Commission, legal action has been initiated by the residents bordering the La Gorce Country Club. As such, we recommend that the Commission withdraw this item indefinitely until such time as the resolution of the current legal proceedings is achieved. BACKGROUND The La Gorce Golf Club had its property surveyed by professional surveyors to clarify and establish property boundaries; the survey revealed that some of the single-family homes and their accessory structures surrounding the golf course were encroaching into the golf course properties. This issue was discussed at a Land Use and Development Committee (LUDC) on December 6, 2004 at which time a motion was approved to refer to the Planning Board amendments to the Land Development Regulations to permit the following for properties abutting the La Gorce Golf Course: 1. All structures presently existing on properties abutting the golf course would become legal nonconforming as to setbacks. 2. The setback on properties abutting the golf course would be amended as follows: a. For pools, and decks, the setback becomes 0 feet. b. For all other structures, the setback becomes 10 feet. March 8, 2006 Commission Memorandum GC regulations for single-family homes Page 2 3. Awnings, canopies and decks may encroach into easement areas conveyed by the golf course to the abutting property owner. 4. Variances to #2 above would be allowed. 5. The conveyed easement areas shall not be used for purposes of determining lot coverage or other regulations not otherwise provided herein. 6. These regulations would apply to private golf courses existing as of the date of the ordinance. The proposed ordinance also includes language where it is the property owner's responsibility to establish to the Building Official's satisfaction that the existing nonconforming structures meet applicable building codes; that the only permissible encroachments are decks and pools; and the conveyed easement by the golf club is not to be counted in lot coverage or other development rights. ANAL YSIS The first reading of this ordinance was originally scheduled for the April 20, 2005 meeting of the City Commission; however, before this item was included in the agenda, the Public Works Director and the City Engineer raised a number of concerns regarding the location of utility easements and the access to the utilities when maintenance or repairs were necessary. The distance between the existing utility easements around the golf course and the single-family homes is not constant; there are different variations on the east and west sides of the golf course. The distance of the 15-ft. utility easement on the east side of the golf course is approximately 20 feet from the property line separating the golf course and the single-family homes. On the west side, the utility easement runs 5 feet on either side of the property line separating the single-family homes and the golf course. By a platted or granted easement, a utility owner has the right to that portion of the easement on a property for accessing, installing, maintaining, removing and/or replacing utilities in perpetuity. The City of Miami Beach, as owner of utilities providing its residents with water supply and collection and disposal of sanitary and storm sewer, has the right to utilize non- exclusive easements on fee simple owned properties; to ingress and egress said premises at all times; to clear the land and keep it cleared of all trees, landscaping, undergrowth and other obstructions within the easement area; to remove any overhang projecting within the dedicated easement area which might interfere with the operation, construction or maintenance of facilities in that area . The fee simple owner of the property does not have the right to improve or modify the easement area. Any structures, walls, decks, fences, landscaping or appurtenances existing within the easement area are considered encroachments unless specifically permitted by the City - only at-grade sodding is allowed in an easement area - and encroachments within the easement area must be removed by the owners at their March 8, 2006 Commission Memorandum GC regulations for single-family homes Page 3 expense. A permit may be granted by the City for certain uses of the easement area by the fee simple property owner. These permitted uses may be limited to installing a light, removable fencing with foundations not exceeding six inches in depth, installing flexible irrigation pipes or installation of light removable patio fixtures. Such permitted uses will require a recorded restrictive covenant by the property owner for holding the City harmless in the removal of such appurtenances to access the utilities in the easement and the responsibility to restore the easement area at owner's expense. The granting of an easement by the La Gorce Golf Course to the single-family property owners on the east side of the golf course would not encroach or cause a problem with the utility easement; however, this would not be the case for those properties on the west side of the golf course, perhaps creating inequity among single-family property owners. The Planning Board Version of the ordinance proposes the following: 1. Buildings existing as of January 1, 2005 that do not conform to the current land development regulations may establish compliance with applicable building codes to the Building Official's satisfaction and become legal. 2. Rear setback requirements to be zero (0) feet from the fee-simple property line for pools and decks, with a minimum walk space at least 18 inches wide between the water's edge of the swimming pool and the rear property line. 3. Variances to rear setbacks to be permitted. 4. Only green space/landscaping and a fence/hedge would be allowed in the easement area conveyed by the GC golf course property owner. 5. The conveyed easement areas would not be included in the determination of lot coverage and other development rights, unless otherwise provided for in this section. The Administration recommends that the ordinance not be adopted at all; however, if the City Commission believes an ordinance should be approved, a modified version of the Planning Board recommendation is recommended after the resolution of pending legal action. This modified version eliminates section (b), which corresponds to numbers 2 and 3 above. What this modification would do is to leave the rear setback requirements as they currently exist in the land development regulations, avoiding encroachments into the utility easements around the golf course and the single-family homes and would allow the City of Miami Beach, as owner of utilities providing the residents with water supply and collection and disposal of sanitary and storm sewer, ingress and egress as may be necessary for maintenance or repairs. PLANNING BOARD ACTION At the March 29, 2005 meeting, a motion was made and approved by a vote of 4-1, to recommend approval of the ordinance with some modifications, which are reflected in the Alternate version of the ordinance included herein. March 8, 2006 Commission Memorandum GC regulations for single-family homes Page 4 A second motion was made and approved unanimously to recommend that should the Commission allow structures on the easement area, only in-ground pools/decks be allowed. FISCAL IMPACT This proposal has no associated negative fiscal impact upon enactment. CONCLUSION While the Administration continues to recommend that this proposed ordinance not be adopted, at this time it is recommended that it be deferred indefinitely until pending judicial proceedings have been resolved. Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations of the City Code does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of the City Commission. JMGITH/JGG/ML T:\AGENDA\2006\mar0806\Regular\1704 - GC regs memo 3-8-06.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY CREATING SECTION 142-108, "DEVELOPMENT REGULATIONS FOR SINGLE- FAMILY LOTS ABUTTING THE GC GOLF COURSE DISTRICT," PROVIDING FOR LEGAL, NON- CONFORMING STATUS FOR EXISTING STRUCTURES, REAR SETBACKS AND ENCROACHMENTS INTO EASMENT AREAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the La Gorce Golf Club had its property surveyed by professional surveyors to clarify and establish property boundaries; and WHEREAS, the survey revealed that some of the single-family properties surrounding the golf course were encroaching into the golf course properties; and WHEREAS, it is necessary to clarify and amend the existing regulations where appropriate, to provide for legal, non-conforming status for existing structures, rear setbacks and encroachments into easement areas. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby amended as follows: Section. 142-108. Develooment reaulations for sinale-familv lots abuttina the GC aolf course district. 1 of 3 Notwithstanding other provisions of these land development regulations. when a single-familv lot abuts the GC golf course district existinq as of the date of the adoption of this ordinance. the following regulations shall applv: @1 All structures and buildinqs existinq as of January 1. 2005. that the property owner establishes complies with applicable building codes to the Building Official's satisfaction. but do not conform to the land development regulations existing as of the adoption of this ordinance. shall become legal nonconforming as to these land development regulations. !Q.} The rear setback requirements are as follows: i. Zero (0) feet for pools. decks. awnings and canopies: ii. Ten (10)feet for all other structures: and iii. Variances to these rear setbacks may be permitted. ,(.Q} Notwithstandinq (b) above. where the property owner in the GC golf course district conveys an easement to an abutting single familv lot's property owner allowinq encroachments into a defined easement area in the GC property. the onlv permittable encroachments into the easement area are by the recipient of the easement and are limited to awnings. canopies and decks. Such permittable encroachments may extend into the respective rear RS and GC setback areas without obtaininq a variance. @ The conveyed easement areas shall not be included in the determination of lot coverage and other development rights. unless otherwise provided for in this section. shall not accrue from such easement conveyances. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 20f3 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 day of ,2005. ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Underscore denotes new language Verified by: Jorge G. Gomez, AICP Planning Director F:\PLAN\$PLB\draft ordinances\2005\1704 - La Gorce Ordinance.doc 3of3 ALTERNATE - PLANNING BOARD VERSION ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY CREATING SECTION 142-109, "DEVELOPMENT REGULATIONS FOR SINGLE- FAMILY LOTS ABUTTING A GC GOLF COURSE DISTRICT," PROVIDING FOR LEGAL, NON- CONFORMING STATUS FOR EXISTING STRUCTURES, REAR SETBACKS AND ENCROACHMENTS INTO EASMENT AREAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the La Gorce Golf Club had its property surveyed by professional surveyors to clarify and establish property boundaries; and WHEREAS, the survey revealed that some of the single-family properties surrounding the golf course were encroaching into the golf course properties; and WHEREAS, it is necessary to clarify and amend the existing regulations where appropriate, to provide for legal, non-conforming status for existing structures, rear setbacks and encroachments into easement areas. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby amended as follows: Section. 142-109. Development reaulations for sinale-familv lots abuttina the GC aolf course district. Notwithstanding other provisions of these land development reaulations. when a sinale-familv lot abuts the GC aolf course district existina as of the date of the adoption of this ordinance. the following regulations shall applv: 1 of 3 ALTERNATE - PLANNING BOARD VERSION @1 All structures and buildinas existino as of January 1. 2005. that the property owner establishes complies with applicable buildina codes to the Buildino Official's satisfaction. but do not conform to the land development reoulations existino as of the adoption of this ordinance, shall become leoal nonconformina as to these land development reaulations. . !Q1 The rear setback reauirements are as follows: h Zero (0) feet from the fee-simple property line for pools and decks, provided that a minimum walk space at least 18 inches wide shall be provided between the water's edae of the swimmina pool and the rear property line, as reauired in Section 142-1133 of the City Code: ii. Variances to rear setbacks may be permitted. {.Q} Notwithstandino (b) above, where the property owner in the GC oolf course district conveys an easement to an abuttina sinole family lot's property owner allowing encroachments into a defined easement area in the GC property. only areen space/landscapina and a fence/hedae are allowed in the easement area. @ The conveyed easement areas shall not be included in the determination of lot coveraae and other development riahts. unless otherwise provided for in this section. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. 2of3 ALTERNATE - PLANNING BOARD VERSION SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of ,2005. ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Underscore denotes new language Verified by: Jorge G. Gomez, AICP Planning Director F:\PLAN\$PLB\draft ordinances\2005\1704 - La Gorce OrdinancePB version.doc 3of3 MODIFIED PLANNING BOARD VERSION ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY CREATING SECTION 142-109, "DEVELOPMENT REGULATIONS FOR SINGLE-FAMILY LOTS ABUTTING A GC GOLF COURSE DISTRICT," PROVIDING FOR LEGAL, NON-CONFORMING STATUS FOR EXISTING STRUCTURES, REAR SETBACKS AND ENCROACHMENTS INTO EASMENT AREAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the La Gorce Golf Club had its property surveyed by professional surveyors to clarify and establish property boundaries; and WHEREAS, the survey revealed that some of the single-family properties surrounding the golf course were encroaching into the golf course properties; and WHEREAS, it is necessary to clarify and amend the existing regulations where appropriate, to provide for legal, non-conforming status for existing structures, rear setbacks and encroachments into easement areas. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby amended as follows: Section. 142-109. Development reaulations for sinale-familv lots abuttina the GC aolf course district. Notwithstandinq other provisions of these land development requlations, when a sinqle- familv lot abuts the GC qolfcourse district existinq as of the date of the adoption of this ordinance, the followinq requlations shall applv: !.W All structures and buildinqs existinq as of Januarv 1, 2005. that the property owner establishes complies with applicable buildinq codes to the Building 1 of 3 MODIFIED PLANNING BOARD VERSION Official's satisfaction. but do not conform to the land development reoulations existino as of the adoption of this ordinance. shall become leaal nonconformino as to these land development reoulations. fQ.1 Tho rear sotback reauiroments aro as follo'.\Is: L Zero (0) feot from the roo simplo property line for pools and docks. provided that a minimum walk spaco at loost 18 inchos '.vido shall be providod bow:een tho wator's edoo of the swimmino pool and tho rear property line. as reauirod in Soction 142 1133 of tho Cit'l Code; iL Vorioncos to rom sotbacks may bo pormittod. ~ Notwithstanding (b) obovo. wWhere the property owner in a GC aolf course district conveys an easement to an abuttino sinale familv lot's property owner allowina encroachments into a defined easement area in the GC property. onlv green space/landscapino and a fence/hedge are allowed in the easement area. @ The conveyed easement areas shall not be included in the determination of lot coveraae and other development riahts. unless otherwise provided for in this section. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. 20f3 MODIFIED PLANNING BOARD VERSION SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. day of ,2005. PASSED and ADOPTED this ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date First Reading: Second Reading: Underscore denotes new language Verified by: Jorge G. Gomez, AICP Planning Director F:\PLAN\$PLB\draft ordinances\2005\1704 - La Gorce OrdinancePB version-mod.doc 30f3