BIE - Visibility Requirements Oceanfront Properties (with backup)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager ?J}J-~l=.C •
MEETING DATE:February 3,2025
SUBJECT:BUSINESS IMPACT ESTIMATE
VISIBILITY TRIANGLE REQUIREMENTS FOR OCEANFRONT PROPERTIES -LDR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH,BY
AMENDING CHAPTER 7,ENTITLED "ZONING DISTRICTS AND REGULATIONS,ARTICLE Ill,
ENTITLED "OVERLAY DISTRICTS,"SECTION 7.3.1.2,ENTITLED "OCEANFRONT,"BY
REFERENCING COMPLIANCE WITH NEWLY CREATED SECTION 14-1 OF THE MIAMI
BEACH CODE,ENTITLED "BEACHWALK ACCESS AND VISIBILITY";AND PROVIDING FOR
CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
~Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement;or
□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4 ),Florida Statutes.
1.Summary
A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals
to the Ordinance itself,which are attached hereto.
2.An estimate of the direct economic impact of the proposed Ordinance on private,for-
profit businesses in the City of Miami Beach,if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing,legally established
businesses.
(b)Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing,legally established
businesses.
(c)An estimate of the City's regulatory costs,including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs,which may be associated with administration activities by
applicable City departments.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing,legally established
businesses.
14.Additional comments:
Ordinances -R5 {{item.number}}
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:
TITLE:
December 11,2024 1:30 p.m.First Reading Public Hearing
VISIBILITY TRIANGLE REQUIREMENTS FOR OCEANFRONT PROPERTIES -
LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH,BY AMENDING CHAPTER 7,ENTITLED "ZONING DISTRICTS
AND REGULATIONS,"ARTICLE Ill,ENTITLED "OVERLAY DISTRICTS,"DIVISION
1,ENTITLED "DUNE PRESERVATION AND OCEANFRONT OVERLAYS,"
SECTION 7.3.1.2,ENTITLED "OCEANFRONT,"BY REFERENCING COMPLIANCE
WITH NEWLY CREATED SECTION 14-1 OF THE MIAMI BEACH CODE,
ENTITLED "BEACHWALK ACCESS AND VISIBILITY,"AND ADOPTING
CORRESPONDING AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS;AND PROVIDING FOR CODIFICATION,REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for
February 2025.
BACKGROUND/HISTORY
On May 15,2024,at the request of Commissioner Tanya K.Bhatt,the City Commission referred
an item pertaining to visibility sight lines from private property and street ends from the beach
walk (C4 AE)to the Land Use and Sustainability Committee (LUSC)and the Planning Board.On
July 9,2024 the LUSC discussed and continued the item to the September 5,2024 LUSC meeting
with direction to the Administration to develop options for addressing safety and visibility at access
points to the beach walk.
September 5,2024,the LUSC discussed and continued the item to the October 14,2024 meeting
with direction to the Administration to prepare graphics and amend the text of the proposed code
section to better reflect a visibility triangle.On October 14,2024,the LUSC recommended that
the City Commission approve the proposed amendment to Chapter 14 of the General Ordinances
of the City Code (City Code),with the following modifications:
1.The 10-foot visibility triangle shall apply to properties with at least 100 feet of frontage on the
beach walk.
2.The 6-foot visibility triangle shall apply to properties with less than 100 feet of frontage on the
beach walk.
3.The measurement of the visibility triangle shall be taken from the western edge of the beach
walk.
4.The regulations shall also apply to future sections of the bay walk and cut walk,as well as
city owner properties.
The LUSC also recommended that the Planning Board transmit a companion amendment to the
Land Development Regulations of the City Code (LDRs),amending the Oceanfront Overlay
regulations to reference compliance with Chapter 14 of the City Code.
ANALYSIS
Currently,fences and gates located in the rear of oceanfront properties are limited to a maximum
height of seven (7')feet if they are setback at least four feet from the property line.If placed along
a property line,the maximum height cannot exceed five (5')feet.All fences and gates require
certificate of appropriateness or design review,depending on the location of the property,as part
of the permit process and are generally required to consist of an open design,such as aluminum
picket.
Regarding shrubbery and hedges,pursuant to section 7.5.3.2 of the LDRs,there is no height
limitation for hedge material located within a required yard in any district.However,since new
development along the ocean requires either Design Review Board (DRS)or Historic
Preservation Board (HPB)approval,these boards have the latitude to regulate the dimensions
and design (including overall height)of all landscape material.
A separate amendment to Chapter 14 of the City Code has been proposed,which would establish
regulations for structures and landscape within 6-10 feet (depending on beach frontage)of a
street-end or public access point to the beach walk.The purpose of these regulations is to ensure
pedestrian visibility between a height of 2 feet and 10 feet above the adjacent grade.
To ensure that future development projects are consistent with the standards and regulations
contained in Chapter 14,the attached amendment to Section 7 .3.1.2 of the LDRs,which provides
a reference to the applicable requirements of Chapter 14 in the development regulations of the
Oceanfront Overlay,is also proposed.
PLANNING BOARD REVIEW
On November 26,2024,the Planning Board is scheduled to hold a public hearing and transmit
the proposed ordinance to the City Commission.The Administration will advise the City
Commission on the recommendation of the Planning Board at the Commission meeting.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive,citywide basis,and not on behalf of a
private applicant or third party.Pursuant to section 2.4.1.c of the Land Development Regulations
of the City Code,amendments to the City Code require the payment of the applicable fees in
section 2.2.3.5,2.2.3.6,and appendix A to the City Code.These fees may be waived by a five-
sevenths (5/7ths)vote of the City Commission,based upon one or more of the following
circumstances:
1.The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law,or to implement best practices in urban planning,or based on
circumstances unique to the proposed amendment.
2.Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s)or developer(s ).
3.If requested,in writing,by a non-profit organization,neighborhood association,or homeowner's
association for property owned by any such organization or association,so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission waive the applicable fees based on
circumstances unique to the proposed amendment.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1.The City Commission approve the subject ordinance at First Reading and schedule a Second
Reading public hearing for February 2025.
2.In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec._2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
1 :30 p.m.1st Rdg PH,Visibility Triangle Requirements for Oceanfront Properties-LOR
Amendment.(Bhatt)PL 5/7
Visibility Triangle Requirements for Oceanfront Properties -LOR
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH,FLORIDA,AMENDING THE RESILIENCY CODE OF THE
CITY OF MIAMI BEACH,BY AMENDING CHAPTER 7,ENTITLED "ZONING
DISTRICTS AND REGULATIONS,"ARTICLE Ill,ENTITLED "OVERLAY
DISTRICTS,"DIVISION 1,ENTITLED "DUNE PRESERVATION AND
OCEANFRONT OVERLAYS,"SECTION 7.3.1.2,ENTITLED
"OCEANFRONT,"BY REFERENCING COMPLIANCE WITH NEWLY
CREATED SECTION 14-1 OF THE MIAMI BEACH CODE,ENTITLED
"BEACHWALK ACCESS AND VISIBILITY,"AND ADOPTING
CORRESPONDING AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS;AND PROVIDING FOR CODIFICATION,REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,a separate amendment to Section 14-1 of the City Code has been drafted to
regulate structures and landscaping within six (6)to ten (10)feet of public access points to the
Beachwalk that obstruct pedestrian visibility between two (2)and ten (10)feet in height;and
WHEREAS,the proposed changes align with Crime Prevention Through Environmental
Design (CPTED)guidelines,promoting safer public spaces;and
WHEREAS,a companion amendment to Section 7.3.1.2 of the Land Development
Regulations (LDRs)is proposed to ensure consistency with the new visibility requirements for
oceanfront properties;and
WHEREAS,the amendments set forth below are 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 7 of the Miami Beach Resiliency Code,entitled "Zoning Districts and
Regulations,"Article Ill,entitled Overlay Districts,"is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
***
ARTICLE Ill.Overlay Districts
***
DIVISION 1.DUNE PRESERVATION AND OCEANFRONT OVERLAYS
*
SECTION 7.3.1.2 OCEANFRONT.
*
*
*
*
k
b.Additional regulations for oceanfront lots (Oceanfront Overlay).
Oceanfront lots shall have a minimum required rear yard setback of 50 feet at grade
and subterranean levels measured from the bulkhead line in which there shall be no
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construction of any dwelling,hotel,apartment building,commercial building,seawall,
parking areas,revetment or other structure incidental to or related to such structure
except in accordance with the following provisions:
***
10.Oceanfront lots shall be required to comply with Section 14-1 of the Miami Beach
City Code.
SECTION 2.REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of,2025.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
First Reading:December 11,2024
Second Reading:February 3,2025
Verified By:
Thomas R.Mooney,AICP
Planning Director
APPROVED AS TO
FORM AND LANGUAGE
&FOREXECUTION
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