Loading...
RESOLUTION 92-20667 RESOLUTION NO. 92-20667 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING: AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING SUBSECTION 6-25, ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY CHANGING THE PERMITTED MAXIMUM HEIGHT OF HEDGES AND REQUIRING PROPER MAINTENANCE; AMENDING SECTION 8, "LANDSCAPE STANDARDS," AMENDING SUBSECTION 8-6, ENTITLED "LANDSCAPE CRITERIA" BY CHANGING THE PERMITTED MAXIMUM HEIGHT OF HEDGES AND REQUIRING PROPER MAINTENANCE; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, this amendment will eliminate the height restriction for hedges in all districts, except for corner triangles of visibility, and will impose maintenance standards for hedges; and, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on October 27 , 1992 and voted 5-2 to recommend in favor of this amendment to Zoning Ordinance 89-2665 ; and, WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14 , entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665, and Section 14 requires that a public hearing be held by the City Commission to hear the Planning Board ' s recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 16, 1992 , beginning at 2: 20 p.m. and the City clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circula fon of the City of Miami Beach, at which time and place all inter -sted parties will be _heard. // ( PASSED AND ADOPTED thi 18th day of November, _ *92 . PI t MAYOR // ATTEST: C'- 1-6,(Amt4 ----6olr CITY CLERK commisn\resHedge. 92 FORM APPROVED LEGAL DEPT. By CITY OF MIAMI REACH CITY HALL 1700 CONVENTION CENTER DRIVE. MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 700-92- November 10, 1992 TO: Mayor Seymour Gelber and DATE: Members of the City Commission FROM: Roger M. Cali City Manager SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665, CHANGING THE PERMITTED HEIGHT OF HEDGES - SETTING OF PUBLIC HEARING ADMINISTRATION RECOMMENDATION The issue of regulating hedge height in Miami Beach is one that has caused considerable discussion and debate over the past year by the Planning Board. The Board has voted to recommend approval of the attached Ordinance and therefore,the Administration recommends that the City Commission set a first reading public hearing for December 16, 1992. BACKGROUND The Request The Administration is requesting the City Commission to consider an amendment to Zoning Ordinance 89-2665 amending Sections 6-25 entitled "Supplementary Yard Regulations"and 8-6 entitled "Landscape Criteria" by changing the permitted height of hedges. The amendment would effectively eliminate hedge requirements and replace them with maintenance standards, except in the "triangle of visibility" of a corner lot. In order to keep traffic visibility unobstructed at street intersections, Sub-Section 6-26A. already requires that there can be no planting between two and eight feet above the grade at street corner, within fifteen feet of the intersection. Chronology September 24 and Planning Board held a public hearing on a package of zoning October 3, 1991 amendments. After considerable discussion and a continued hearing, the amendments relating to hedge height were deferred for further study and review. Dec. 16, 1991 Planning Board held a public hearing on two amendments, one of which related to hedge height. After numerous motions which failed to pass, the sections dealing with hedge height were deferred for consideration at a later date. July, 1992 Staff meets with Messrs. Hertz and Robins to discuss alternatives to hedge height; no consensus is developed. Sept. 20, 1992 Planning Board holds workshop, wherein it was concluded that there should no longer be a height limitation imposed on hedges as long as they are well maintained. October 27, 1992 Planning Board holds a public hearing to eliminate height requirements; by a vote of 5-2 recommends to approve proposed amendment to the Ordinance. 62 AGENDA I TEM DATE ' Ci 2 ANALYSIS •. Maximum Height of Hedges in Miami Beach With regard to regulating the height of hedges, the City of Miami Beach has had varying requirements over the years. More particularly,the maximum height of hedges in side and rear yards has been as follows: Year Max. Height of Hedge Zoning Ordinance Number Prior to Sept. 1971 eight (8) feet 289 Sept. 1971 - Oct. 1989 seven (7) feet 1891 Oct. 1989 - Nov. 1990 ten (10) feet 89-2665 Regulations of Hedge Heights in other Municipalities The following is a brief analysis of the regulations for hedge height in nearby South Florida communities: City Regulation Coral Gables No height limit, as long as it is well maintained. However in triangle of visibility, 3 ft. Ft. Lauderdale No height limit; 30 inches in triangle of visibility. Miami 8 ft. in all yards; 30 inches in triangle of visibility Palm Beach 4 ft. in front, 6 ft. in rear or side Bal Harbour Unlimited height as long as its well maintained. However 2 ft. in triangle of visibility. Surfside 5 ft. on a all yards. Summary of Proposed Change Section Existing Language Proposed Change 6-25,B.9 Restricts the height of No height restriction. hedges to five (5) feet when Hedge material must be located in front setback and neat, evenly trimmed and to seven (7) feet when properly maintained. located in the side or rear Reference to the setback. appropriate Section regarding Corner Visibility ("triangle of visibility"). 8-6,A.2.b. Restricts the height of No height restriction. hedges in interior side or Hedge material must be rear yards to ten (10) feet, neat, evenly trimmed and (note internal inconsis- properly maintained. tency). Side or rear yards Reference to the abutting a right-of-way are appropriate Section restricted to a height of regarding Corner Visibility five (5) feet ("triangle of visibility"). 1 CONCLUSION The Administration has concluded that the Zoning Ordinance needs to be amended as it relates to the regulation of hedge heights. Accordingly, with the action of the Planning Board, the City Commission should proceed with setting a public hearing on first reading of this matter. DJG:JGG a:2\pb\1127rec.92 IF UK1(11NAL RESOLUTION NO. 92-20667 0 Calling a public hearing to consider a recommendation of the Planning Board on the following: Amending Comprehensive Zoning Ordinance No. 89-2665, by amending 0: §6, "Schedule of District Regulations,"