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Ordinance 2022-4465 Landscape Neighborhood Overlays (LDR Overlay Version) ORDINANCE NO. 2022-4465 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 126, ENTITLED "LANDSCAPE REQUIREMENTS," BY CREATING SECTION 126-8, ENTITLED "LANDSCAPE NEIGHBORHOOD OVERLAYS," TO ESTABLISH PROVISIONS FOR LANDSCAPE NEIGHBORHOOD OVERLAYS WITHIN EXISTING NEIGHBORHOODS, AND CREATE THE LA GORCE ISLAND LANDSCAPE NEIGHBORHOOD OVERLAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach("City')has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, in 2016, the City Commission adopted major amendments to the City's Landscape Ordinance, set forth in Chapter 126 of the City Code; and WHEREAS, the City recognizes that certain neighborhoods are defined by established 'and iconic landscape features within their streetscape that contribute to the unique character of the neighborhood; and WHEREAS, this Ordinance creates a framework for the City to identify special neighborhood overlays within the City's Landscape Ordinance; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1. Chapter 126, entitled "Landscape Requirements," is hereby amended as follows: CHAPTER 126 LANDSCAPE REQUIREMENTS * * * Sec. 126-8. Landscape Neighborhood Overlays (a)Purpose. The purpose of this section is to identify unique neighborhoods and areas of the City, which contain distinct and character-defining landscaping features that contribute to the special identity of the particular neighborhood or area of the City. 1 (b) Minimum standards and criteria. (1) The City Commission may, by ordinance amending this section, establish landscape neighborhood overlays applicable to defined areas or neighborhoods of the City. There shall be no fees associated with the Planning Board's review and/or transmittal of any such ordinance. (21 The species of the particular plant material, trees, palms and/or significant landscape features that define the neighborhood shall be identified within the regulations for each landscape neighborhood overlay. (3) Areas of the City identified in landscape neighborhood overlays shall be subject to all applicable regulations in Chapter 126 and Chapter 46 of this Code. Notwithstanding the foregoing, in the event of a conflict between the provisions of this section and the provisions of Chapter 126 and/or Chapter 46, the provisions of this section 126-8 shall control. (4) Landscape neighborhood overlay regulations shall be adhered to during all types of construction that take place within the overlay. (c) Landscape Neighborhood Overlays ' LI) La Gorce Island Landscape Neighborhood Overlay. a. Location: The regulations for the "La Gorce Island Landscape Neighborhood Overlay" shall apply to properties and rights-of-way located on La Gorce Island, as indicated in the map below: lta 11110 Biscayne Bey \lac Ai ale ,_ 4. . • ,...__ _ ____ .., . it„ ta_ , ... 4 A St �. , .. � A \ is .,,,a, P- .... Ill 1,-..., 2 • b. Regulations: Royal palms and Canary Island date palms planted within the rights- of-way have created an established iconic landscape feature within the streetscape and provide a unique character to this particular neighborhood. All development and improvements in the rights-of-way within this overlay shall retain the established and iconic features of the original streetscape design and shall comply with the following regulations: i_ No species of tree or palm other than royal palms and Canary Island date palms shall be planted in the rights-of-way within this overlay. ii. Existing royal palms and Canary Island date palms shall be preserved and protected during any proposed construction. iii. Any alteration to a right-of-way within the overlay that impacts the location of existing palms shall require the relocation of such palms within the neighborhood's rights-of-way. iv. Newly planted royal palms shall have a minimum of 15 feet of clear or grey wood. Canary Island date palms shall have a minimum of 15 feet of clear or grey wood at the time of planting, unless the date palms are set back within the right of way in accordance with the La Gorce Island Historic Landscape Plan on file with the Planning Department, in which case such Canary Island date palms shall have a minimum of 8 feet of clear or grey wood at the time of planting. All new plantings shall be consistent with the spacing of the existing species within this right of way overlay. v. A right of way permit shall not be required for the replacement of a palm tree at the same location within this overlay, provided, however, that the La Gorce Island Neighborhood Association or property owner, as applicable, shall (1) provide the city's urban forester with email notification at least 48 hours prior to a replanting, and (2) be solely responsible for all costs, expenses and liability associated with the installation, including costs for repair or replacement of any infrastructure or utilities in the right of way which are damaged as part of the installation. 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. 3 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 a 0 day of J tlN uG19y , 2022. Dan Gelber, Mayor ATTEST: ii3ficst z_ Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION City Attorney Date First Reading: December 8, 2021 Second Reading: January 2 , 2 22 s..• ;41, cti,, `:IRCORP ORAMED` Verified By: Thomas R. ooney, I P �H zh;. 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E t 1 ttaj lapil Offinifil!la Ec_)1 ors .4.6 . , - . . :Ji p © N� : 1 I 1� p y � 'r al L ep: W y • r ei � . . ,,I � r Via ie r . Q.lr W CJIlt.ol , ' 0 pea rii Imo las wit, sto 7. n p,\ 7 .ff''i4 . . ...: ... . ,:, 'a9CY�'a njiuU ° wfl 'f i X , t y �n rnermarr i av Y V Y Q f, 9 -fi r f \ '.° ' gittai I I: a Nctn. \I W i\ pp^wruaeaaa war s �. qE9 ry cy i �g ,.. q 0 lid W z w Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 20, 2022 10:45 a.m. Second Reading Public Hearing SUBJECT: LANDSCAPE NEIGHBORHOOD OVERLAYS - LDR OVERLAY VERSION AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 126, ENTITLED "LANDSCAPE REQUIREMENTS," BY CREATING SECTION 126-8, ENTITLED "LANDSCAPE NEIGHBORHOOD OVERLAYS," TO ESTABLISH PROVISIONS FOR LANDSCAPE NEIGHBORHOOD OVERLAYS WITHIN EXISTING NEIGHBORHOODS, AND CREATE THE LA GORCE ISLAND LANDSCAPE NEIGHBORHOOD OVERLAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY HISTORY On March 17, 2021, at the request of Commissioner Steven Meiner, the City Commission referred a proposed Ordinance pertaining to Chapter 126 of the Land Development Regulations of the City Code to the Land Use and Sustainability Committee (C4 AK). At the April 29, 2021 Land Use and Sustainability Committee (LUSC) meeting, the item was deferred to the May 26, 2021 LUSC meeting with no discussion. On May 26, 2021 the item was deferred to the June 21, 2021 LUSC meeting,without discussion. On June 21, 2021, the LUSC discussed the proposed amendment, as well as the proposal within the context of La Gorce Island. The LUSC continued the item to the July 12, 2021 meeting of the LUSC, with direction to staff to prepare an option for a more tailored approach to La Gorce Island that balances the goals of the Urban Forestry Master Plan (UFMP) with the unique character and context of the neighborhood. The LUSC also directed staff to study a method for providing a similar, tailored approach to individual neighborhoods citywide. On July 12, 2021, the Administration provided an overlay version of the Ordinance, in accordance with the previous direction of the LUSC. The LUSC recommended that the City Commission consider both the sponsor (Appendix F) version of the proposal, as well as the Page 696 of 1313 Administration (Overlay) recommended version, for referral to the Planning Board. On July 28, 2021, the City Commission referred both the sponsor ("Resolution") version and the Administration ("LDR Overlay") recommended version to the Planning Board (item R9 Y). BACKGROUND On October 14th, 2020, the Urban Forestry Master Plan was approved unanimously by the City Commission, with the purpose of establishing a resilient tree canopy that will increase the canopy coverage in the City from 17% to 22% over the next 20 years. On March 17, 2021, two separate referrals were made to City Commission Committees regarding a process for allowing palm trees, in certain, defined areas of the City, to count toward the minimum number of required street trees (as opposed to the currently required canopy trees), and to allow palm trees to be eligible for Heritage Tree designation (currently this designation is for canopy trees). The proposed Ordinance amendment to Chapter 126 of the LDR's that was originally referred to the LUSC proposed to allow palms or trees identified in a new, Appendix F of the Urban Forestry Master Plan to count towards the minimum number of required street trees established in Chapter 126. For additional background, the following is a brief synopsis of the current unique roles of Chapter 46 and Chapter 126 of the City Code in the maintenance and enhancement of trees in the City: Chapter 46, Division 2 — Tree Preservation and Protection Pursuant to this Division of the City Code, the Urban Forestry Division administers the City's tree preservation program, which includes the tree permitting program for the proposed removal or relocation of any palm or tree on public or private property. Mitigation for palm and tree canopy loss, either as part of a separate application or a development permit, is in the form of replacement canopy trees. A minimum of 50% of all replacement trees shall be native to South Florida. Palms may be included in landscape plans for a project, but they do not count for mitigation due to the low environmental benefits they provide. When the total number of trees required as replacement trees cannot be reasonably planted on the property or a suitable alternate location cannot be identified, a property owner can contribute to the City's Tree Preservation Trust Fund as an alternative. Chapter 126— Landscape Requirements The regulations set forth in Chapter 126 establish minimum landscape standards that enhance, improve, and maintain the quality of the City's landscape. This includes preventing the destruction of the City's existing tree canopy on public and private property and promoting its expansion and diversification. Chapter 126 provides the following minimum street tree requirements: • Street tree plantings shall be provided along all roadways at a maximum average spacing of 20 feet on center. • Minimum tree height: 12 to 14 feet. • Minimum palm height: 15 feet of clear or grey wood. Page 697 of 1313 • Street tree diversification to prevent a monoculture and to prevent significant tree loss due to disease that may impact specific tree species. Chapter 126 allows for palms to be planted in addition to the required number of street trees; palms are an important part of our Miami Beach identity. However, palms do not count towards the minimum number of required trees since canopy trees will help achieve overall urban forestry goals of shade, heat reduction, biodiversity, disease resistance and storm water management. ANALYSIS PLANNING ANALYSIS On July 28, 2021, the City Commission referred 2 versions of the proposed amendment to Chapter 126 to the Planning Board: 1. The LDR Overlay option, recommended by the Administration. 2. A revised version of the Resolution Overlay option, with more review protections, and recommended by the item sponsor. On December 8, 2021, the City Commission approved, at First Reading, the LDR version of the Ordinance,which provides a tailored option for addressing the unique, individual character of neighborhoods citywide, including, more specifically, La Gorce Island. In this regard, the Ordinance establishes provisions for creating landscape overlays for specific neighborhoods and includes the following specific provisions: • Subsection 126-8, entitled `Landscape Neighborhood Overlay' has been created. This subsection establishes a purpose and process for creating specific overlays within the City. • Within the overlay areas, distinct and iconic landscaping features, that contribute to a unique and prominent neighborhood character,will be identified and permitted to be retained. • Landscape Neighborhood Overlays must still comply with all applicable regulations set forth in Chapter 126 and Chapter 46, including minimum landscape standards and contributions into the Tree Trust Fund. • All future Landscape Neighborhood Overlays would be added through the LDR amendment process, including Planning Board review and transmittal. • The La Gorce Island Neighborhood has been identified as the first Landscape Neighborhood Overlay. This overlay recognizes the aesthetic characteristics associated with the long-term planting of Royal Palms and Canary Island Date Palms within its rights of way. The La Gorce Island overlay also establishes provisions that will preserve the long-term characteristics of this distinct streetscape. The proposed Ordinance will address the unique character and identity of individual neighborhoods,while still being consistent with the goals and objectives of the UF MP, as well as Chapter 46 and Chapter 126 of the City code. Future Neighborhood Landscape Overlays would 'be considered on a case specific basis, taking into consideration the unique characteristics of a particular neighborhood, as well as existing and proposed species of trees Page 698 of 1313 and palms. Although the Ordinance requires a slightly lengthier process for establishing future overlays (Planning Board review, as well as 2 readings before the City Commission), this extra level of review will ensure that the proposed Neighborhood Landscape Overlay has merit, and that that the specific provisions of future overlays are well constructed. PLANNING BOARD REVIEW On September 28, 2021, the Planning Board held a public hearing and was supportive of the overall concept and purpose of the proposed legislation. The Board transmitted both versions of the Ordinance to the City Commission, in accordance with the following recommendations: 1. The Resolution version of the Ordinance was transmitted to the City Commission with a recommendation to include an enhanced notice provision consistent with the residents right to know platform. The motion for this version of the Ordinance was approved by a vote of 3-2, which constitutes an unfavorable recommendation. 2. The LDR Overlay version of the Ordinance was transmitted to the City Commission with no changes. The motion for this version of the Ordinance was approved by a vote of 4-1, which constitutes a favorable recommendation. UPDATE On October 13, 2021 the subject Ordinance was deferred to December 8, 2021, at the request of the item sponsor. On December 8, 2021 the City Commission approved the Overlay version of the Ordinance, as well as the waiver of the Planning Board review fee, with the following changes: 1. Add language clarifying that the fee for Planning Board review would be waived for future overlays. 2. Clarify the standards for new plantings of royal and Canary Island date palms on La Gorce Island, to better correspond with what would likely be available for new plantings. The Ordinance has been revised for Second Reading to incorporate these modifications. SUPPORTING SURVEY DATA Address Landscaping and Sustainability Citywide CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Page 699 of 1313 Planning Sponsor Commissioner Steven Meiner ATTACHMENTS: Description o Ordinance Page 700 of 1313