2012-3775 Ordinance ORDINANCE NO. 2012-3775
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 2, "DUNE PRESERVATION OVERLAY," BY AMENDING
SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO
ESTABLISH POLICIES REGARDING THE INSTALLATION OF
SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, As a result of significant recent advances in the development of high
quality artificial grass products in terms of use, durability, desirability, and aesthetic
appearance, requests for the use of these products both from the public and private
sectors are being received; and
WHEREAS, requests to replace natural grass for synthetic grass are for use in
limited areas of high-intensity-use where natural grass cannot be sustained in a healthy
condition and good appearance without being frequently replaced, most particularly
around highly active pool deck areas; and
WHEREAS, the proposed amendments are necessary to effectuate the
replacement of natural grass with synthetic grass in the Dune Preservation Overlay.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article III, Overlay
Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and
Structures Permitted," is hereby amended as follows:
Section 142-774. - Uses and structures permitted.
Uses and structures permitted under this division shall be designed to accommodate
and channel pedestrian movement in such a manner as to protect and enhance
vegetation and the beach. No land or structure shall be used, in whole or in part, except
for one or more of the following permitted uses:
(7) Landscaping conforming to the specifications of the beachfront park and
promenade plan. In up to one-half of the area required to be open to the sky and
landscaped (but not in required side yards,) synthetic grass which is fully pervious shall
be permitted in high-traffic pedestrian/assembly areas.
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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 relettered 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.
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 12th day of September , 2012.
A R
ATTEST: 1
CITY
.INCORP ORATED
APPROVED AS TO
FORM & LANGUAGE
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First Reading: July 18, 2012 a�•
Second Reading: September 12, 2012
Verified bocng ir-
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Underscore denotes new language
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending
Chapter 142, Article III, "Uses and Structures Permitted," to permit artificial grass, with restrictions, in
the Dune Preservation Overlay.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the
right amount," near) one-third, 29.6%, indicated "too little" effort is being put forth in this area.
Issue:
Should the City Commission consider amending the Land Development Regulations of the City Code
to permit the installation of artificial grass where it is currently not permitted in Dune Preservation
Overlay area — the area between the easternmost portion of most oceanfront hotel properties which
functions as a transitional zone between the intensely developed uplands and the dune and beach.
Item Summary/Recommendation:
Second Reading—Public Hearing
As a result of significant recent advances in the development of high quality artificial grass products, in
terms of use, durability, desirability, and aesthetic appearance, the Planning Department has begun to
receive requests for the use of these products. From the public sector, requests have been received
from the Parks and Recreation Department to approve the use of artificial grass in three particular
areas, 1) on 'covered' children's playground areas, 2) on high-intensity-use football and soccer fields,
and 3) in limited small public outdoor areas, where the use and maintenance of natural grass has
become problematic.
A small number of hotels have requested to replace natural grass with artificial grass in limited areas
of high-intensity-use where natural grass cannot be sustained in a healthy condition and good
appearance without being frequently replaced, most particularly around highly active pool deck areas.
In response to these requests, the Planning Department, in close consultation with the Department of
Parks and Recreation, has developed a general policy with regard to the use of high quality artificial
grass as a replacement for natural grass for certain appropriate applications and locations in Miami
Beach. However, while this has given the opportunity for hotels to install artificial grass with either
staff or board approval, the policy specifically excludes the "Dune Preservation Overlay District," the
easternmost portion of most oceanfront hotel properties.
The Administration recommends that the City Commission adopt the proposed ordinance as
recommended by the Planning Board, which establishes policies regarding the installation of synthetic
(artificial) grass, upon second reading public hearing.
Advisory Board Recommendation:
At the January 24, 2012 meeting, the Planning Board reviewed both versions of the ordinance as requested by
the LUDC. By a vote of 5-0 (2 members absent), the Board recommended that the City Commission adopt the
more restrictive ordinance, limiting the area where synthetic grass may be installed in the"Dune Overlay District."
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there should not be a measurable impact on the
City's budget by enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber/Mercy Lamazares
Sign-Offs:
Department Director As stant City eager Ci anager
T:WGENDA\2012\9-12-12\artificial grass sum.doc 61 U
MIAMIBEA-CH AGENDA ITEM
� DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachf.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commi ion
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SECOND READING-PUBLIC HEARING
SUBJECT: Artificial Grass
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 1119 "OVERLAY DISTRICTS," DIVISION 29 "DUNE
PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES
AND STRUCTURES PERMITTED," TO ESTABLISH POLICIES REGARDING
THE INSTALLATION OF SYNTHETIC GRASS; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance as
recommended by the Planning Board, which establishes policies regarding the installation of
synthetic(artificial)grass.
BACKGROUND
September 14, 2011: at the request of Commissioner Wolfson a discussion was held
regarding an amendment to the Land Development Regulations of the City's Code to
address the issue of artificial grass was referred by the City Commission to the Land
Use and Development Committee (LUDC).
September 21, 2011: the LUDC continued this item to the October 26, 2011 meeting.
October 26, 2011: By a vote of 2-0, the LUDC requested that the Planning Board review
both versions of the proposed ordinance permitting artificial grass in the Dune Overlay
District (one permitting unlimited use, and one setting a maximum of 50% of the required
landscape area and requiring setbacks from side property lines) and then bring back to
LUDC.
ANALYSIS
As a result of significant recent advances in the development of high quality artificial
grass products, in terms of use, durability, desirability, and aesthetic appearance, the
Planning Department has begun to receive requests for the use of these products.
Commission Memorandum
Artificial Grass
September 12, 2012 Page 2 of 4
From the public sector, requests have been received from the Parks and Recreation
Department to approve the use of artificial grass in three particular areas, 1) on `covered'
children's playground areas, 2) on high-intensity-use football and soccer fields, and 3) in
limited small public outdoor areas, where the use and maintenance of natural grass has
become problematic.
A small number of hotels have requested to replace natural grass with artificial grass in
limited areas of high-intensity-use where natural grass cannot be sustained in a healthy
condition and good appearance without being frequently replaced, most particularly
around highly active pool deck areas. In response to these requests, the Planning
Department, in close consultation with the Department of Parks and Recreation, has
developed a general policy with regard to the use of high quality artificial grass as a
replacement for natural grass for certain appropriate applications and locations in Miami
Beach (see attached).
However, while this has given the opportunity for hotels to install artificial grass with
either staff or board approval, the policy specifically excludes the "Dune Preservation
Overlay District," the easternmost portion of most oceanfront hotel properties. The Dune
Preservation Overlay District is governed by Section 142-774 of the City Code, which
states that these regulations "are designed to accommodate and promote recreational,
open space and related uses" and that "this area functions as a transitional zone
between the intensely developed uplands and the dune and beach. It accommodates
uses and structures which are compatible and supportive of the beachfront park system
and the natural beach environment." This has been interpreted to date by the Planning
Department as a prohibition on artificial grass within this area.
An amendment to this section of the code to liberalize that policy to permit artificial grass
in the Dune Overlay District could take the following form:
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article III,
Overlay Districts, Division 2, "Dune Preservation Overlay," Section 142-774,
"Uses and Structures Permitted," is hereby amended as follows:
Sec. 142-774. - Uses and structures permitted.
Uses and structures permitted under this division shall be designed to
accommodate and channel pedestrian movement in such a manner as to protect
and enhance vegetation and the beach. No land or structure shall be used, in
whole or in part, except for one or more of the following permitted uses:
(7) Landscaping conforming to the specifications of the beachfront park and
promenade plan. Synthetic grass shall be permitted.
Planning Department staff would recommend that rather than a complete liberalization
within the Dune Overlay District, that the amendment would be improved and address
planning concerns by the following additions.
a) Limit total area of synthetic grass to a reasonable proportion of area;
b) Limit use in side setback areas, in order to discourage group assembly activities
directly next to neighboring properties;
c) Require synthetic grass product to be fully pervious to water;
Commission Memorandum
Artificial Grass
September 12, 2012 Page 3 of 4
d) Specify that synthetic grass is for use in high-traffic pedestrian or assembly
areas.
This could take the following form.
(7) Landscaping conforming to the specifications of the beachfront
park and promenade plan. In up to one-half of the area required
to be open to the sky and landscaped (but not in required side
yards,) synthetic grass which is fully pervious shall be permitted in
high-traffic pedestrian/assembly areas.
It should be noted that allowing artificial grass in the Dune Overlay District could facilitate
the intensification of these areas, with large open air assemblies.
PLANNING BOARD ACTION
At the January 24, 2012 meeting, the Planning Board reviewed both versions of the
ordinance as requested by the Committee. By a vote of 5-0 (Fryd & Tobin absent), the
Board recommended that the City Commission adopt the more restrictive ordinance,
which is the one that limits the area where synthetic grass may be installed in the "Dune
Overlay District."
LAND USE AND DEVELOPMENT COMMITTEE
October 26, 2011: Commissioner Wolfson introduced the item and explained the Dune
Overlay District. Commissioner Gongora expressed the feeling that artificial grass
should not be widely used, but had no objections to the matter being referred to the
Planning Board and then brought back to the Committee. Commissioner Wolfson
expressed his preference to permit artificial grass with no restrictions, but decided that
both versions of the proposal should be sent to the Planning Board. By a vote of 2-0,
the LUDC requested that the Planning Board review both versions of the proposed
ordinance permitting artificial grass in the Dune Overlay District (one permitting unlimited
use, and one setting a maximum of 50% of the required landscape area and requiring
setbacks from side property lines) and then bring back to LUDC.
At the May 16, 2012 meeting the LUDC reviewed and discussed the proposed ordinance
after the Planning Board had made its recommendation. By a vote of 3-0, it decided to
send both versions of the ordinance — with and without restrictions — to the full
Commission.
At the July 18, 2012 City Commission meeting, the Commission approved the Planning
Board recommended version of the proposed ordinance, and set a second reading
Public Hearing for September 12, 2012.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
Commission Memorandum
Artificial Grass
September 12, 2012 Page 4 of 4
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the.City Commission approve the proposed ordinance
as recommended by the Planning Board, which establishes policies regarding the installation
of synthetic (artificial) grass and set a second reading public hearing for the September 12,
2012 meeting.
Pursuant to Section 118-164(3) when a request to amend the land development regulations
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. The notice of proposed enactment shall state the date, time and place
of the meeting; the title or titles of proposed ordinances; and the place or places within the
city where such proposed ordinances may be inspected by the public.
Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city '
commission shall be necessary in order to enact any amendment to these land development
regulations.
RL
JMG/JGG/RGL/ML
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NE ;_ THURSDAY,AUGUST 23;2012:I. 19NE
MIAMIBEACH. .�
-CITY OF MIAMI BEACH
_ NOTICE OF PUBLIC HEADINGS -
NOTICE IS HE given that second readings and-public hearings will be held by the Mayor
and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,
City Hall, 1700 Convention Center Drive,Miami Beach, Florida,on WEDNESDAY,September 12,
2012 to consider the following:
11:10 a.m.
Ordinance Amending The Miami.Beach City Code By Amending Chapter 2, Entitled "Administration,"
By Amending Article III,Entitled "Agencies, Boards And Committees," By Creating"Division 33,to Be
Entitled"Tennis Advisory Committee,"And By Creating Section 2-190.148 To Create A Tennis Advisory
Committee And Provisions Establishing The Committee And Its Purpose,Powers And Duties,.Composition,
And Supporting Department.
Inquiries may be directed to the Parks and Recreation Department at.(304)673-7730.
11:20 a.m. j
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,"Traffic And
Vehicles";Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private
Property;Towing";Requiring Notification Of Private Property With Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at(304)673-7275.
11:30 a.m.
Artificial Grass:
Ordinance 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 2.
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To
Establish Policies Regarding The Installation Of Synthetic Grass.
Inquiries may be directed to the Planning Department at(304)673-7550.
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11:40 a.m. I
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing
Compensation Provisions For The City Manager And The Attorney. E
Inquiries may be directed to the City Attorney's Office at(304)673-7470.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention, i
Center Drive 1 st Floor,City Hall,Miami Beach,Florida 331'39.Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center
Drive,1 st Floor,City Hall,Miami Beach,Florida 33139.This meeting may be continued,and under such
circumstances additional legal notice will not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting
or its hearing,such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not i
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant f
evidence,nor does it authorize challenges or appeals not otherwise allowed by law. E
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j To request this material in accessible format,sign language interpreters;information on access for
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persons with disabilities,and/or any accommodation to review any document or participate in any
City-sponsored proceeding,please contact us five days in advance at(305)673-7411(mice)or M
users may also call tie Florida Reiay Service at 71
Ad#724