2014-3909 Ordinance CONDITIONAL USES IN COLLINS WATERFRONT DISTRICT
ORDINANCE NO. 2014-3909
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE
II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY," TO MODIFY THE CONDITIONAL
USE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE
COLLINS WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for conditional uses within the
RM-1 zoning districts; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to conditional uses within the RM-1 zoning districts; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26, 2014 by a vote of 6-0; and
WHEREAS, the amendment set forth below is 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 142, "Zoning Districts And Regulations", Article II, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision II, "RM-1
Residential Multifamily Low Intensity", of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-153. Conditional uses.
(a) The conditional uses in the RM-1 residential multifamily, low density district are
adult congregate living facility; day care facility; nursing home; religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages.
(b) For properties located in the Collins Waterfront Local Historic District, which are
designated as a Local Historic Site, a hall for hire use within the interior of an
existing building shall require conditional use approval and shall comply with the
following:
(1) The conditional use shall only be permitted within an existing
structure that is on a property designated as an `Historic Site' and such
limitation shall be recorded in the Public Records;
(2) Dance halls, entertainment establishments and neighborhood
impact establishments may only be permitted as part of a hall for hire;
(3) The hall for hire use shall close by 11:00 PM Sunday through
Thursday, and by 12:00 AM Friday and Saturday;
(4) Events at the hall for hire shall be for the exclusive use of the
property owner (and its subsidiaries) and invited quests. Events at the hall
shall not be for the general public, with the exception of adjacent schools and
community organizations within the Collins Park and Flamingo Drive areas,
which may use the hall until 9:00 pm.
(5) Restaurants, stand-alone bars and alcoholic beverage
establishments, not functioning as a hall-for-hire, shall be prohibited;
(6) Outdoor dining, outdoor entertainment and open-air entertainment
uses shall be prohibited;
(7) Private or valet parking for any event at the hall shall be prohibited
from using Flamingo Drive, Flamingo Place or Lake Pancoast Drive to
facilitate access to the site.
There shall be no variances from the provisions of Section 142-153(b).
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 re-lettered 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 day of n0✓ ni x2014
ATTEST:
Philip Levine, M o
Rafael E. Granado, itY'`�Qk; A I� '
I
APPROVED AS TO
First Reading: 66615er 22_ 14.•' ;_ FORM & LANGUAGE
�a
Second Reading: V,e' °r Z 14b EXECUTION
g• &FO EXEC U
Verified By: I` ZA ( Q-
Thomas R. Mooney, AICP city AttorrW �e
Planning Director
Underline = new language
= deleted language
TAGENDAMMINlovembeARM-1 Collins Park CUP-ORD Second Read.docx
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the conditional use requirements for
RM-1 properties located within the Collins Waterfront Local Historic District.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to modify the list of
conditional uses for RM-1 properties located in the Collins Waterfront Local Historic district to allow for
hall for hire and/or restaurant uses within a designated historic site.
On October 22, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading,
with modifications, and scheduled a Second Reading Public Hearing for November 19, 2014; and 3)
referred a modification to the Land Development Regulations establishing a definition for'Hall for Hire'
to the Planning Board.
The Administration recommends that the City Commission adopt the attached Ordinance.
Advisory Board Recommendation:
E6 n Augu st 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
to 0 (Planning Board File No. 2205).
Financial Information:
Source of Amount Account
Funds: 1
2
3
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 will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department ire for Assistant City Manager C' Manager
um V
T:\AGENDA\2014\November\RM-1 Collins Park CUP-SUM Second Read.docx
I
AGENDA ITEM RS-m-
MIAMIBEACH
DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: November 19, 2014 SECOND READING — PUBLIC HEARING
SUBJECT: Conditional Uses in the Collins W terfront Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
TO MODIFY THE CONDITIONAL USE REQUIREMENTS FOR PROPERTIES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for
November 19, 2014; and refer a modification to the Land Development Regulations
creating a definition for `Hall for Hire' to the Planning Board.
BACKGROUND
On April 23, 2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
expand the use of Conditional Uses in the RM-1 districts within the Collins Waterfront
Historic District, under limited circumstances.
On June 12, 2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (Item C413).
Currently within the RM-1 zoning district, only the following `Conditional Uses' are
permitted:
• Adult Congregate Living Facility;
Commission Memorandum
Ordinance Amendment—Conditional Uses in the Collins Waterfront Historic District
November 19, 2014 Page 2 of 4
• Day Care Facility;
• Nursing Home;
• Religious Institutions;
• Private And Public Institutions;
• Schools;
• Commercial or Noncommercial Parking Lots And Garages.
The proposed Ordinance would expand the list of Conditional Uses to include a hall for
hire and/or restaurant use for properties designated as a Local Historic Site.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
The following `Conditional Uses' are also permitted within the RM-1 Zoning District:
• Adult Congregate Living Facility,
• Day Care Facility;
• Nursing Home;
• Religious Institutions;
• Private And Public Institutions;
• Schools;
• Commercial or Noncommercial Parking Lots And Garages.
The Miami Beach Women's Club Building is a designated Historic Site (HPS-5) and is
located within the boundaries of the Collins Waterfront Local Historic District.
Additionally, the Women's Club site is zoned RM-1, and thus limited to the uses listed
above.
As the Women's Club structure was designed and built as an 'Assembly Hall', the
adaptive re-use of the facility has proven to be challenging, particularly within the
confines of a more restrictive, low-density multi-family zoning district. In order to address
this issue, a proposal has been put forward to expand the list of conditional uses in the
RM-1 district, for certain properties located within the Collins Waterfront Local Historic
District (See attached map illustrating the boundaries of this area).
Specifically, a hall-for-hire and/or restaurant use would become a conditional use for
properties located in the Collins Waterfront Local Historic District, which are designated
as Historic Sites. Such an amendment would not be limited to a single piece of property,
and would give the owners of the historic Women's Club structure much needed latitude
to accommodate a tangible, adaptive re-use of the structure. Further, as the subject use
would require the review and approval of the Planning Board, appropriate intensities of
use, as well operational safeguards would be at the discretion of the Planning Board.
In order to ensure that any future hall-for-hire use and/or restaurant is compatible with
the low scale, residential character of the immediate geographical area, the following
additional limitations on any,future proposed conditional use are suggested:
• The prohibition of dance halls, entertainment establishments, neighborhood
Commission Memorandum
Ordinance Amendment—Conditional Uses in the Collins Waterfront Historic District
November 19, 2014 Page 3 of 4
impact establishments, outdoor entertainment establishments, open air
entertainment establishments and outdoor music (including background music),
proposed to be operated on a permanent basis.
• Stand-alone bars and alcoholic beverage establishments, not functioning as a
restaurant or hall-for-hire, shall be prohibited.
• Outdoor dining uses shall not be permitted.
• The total number of seats of any stand-alone restaurant would be limited to no
more than 125.
With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or
neighborhood type cafe could be an asset to the surrounding area, as well as provide a
mechanism for the use of the restored, historic structure. The attached draft Ordinance
includes all of the aforementioned proposals.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the City Commission refer a separate amendment to the
Land Development Regulations, creating a definition for `Hall for Hire'.
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 City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
UPDATE
On October 22, 2014, the City Commission approved the subject Ordinance at First
Reading, with the following modifications:
1. A requirement that any conditional use be tied, by covenant, to an existing
structure within a designated historic site.
2. A limitation on the hours of operation for a hall for hire; specifically, such use
must close by 11:00 PM Sunday through Thursday, and by 12:00 AM Friday and
Saturday.
3. The removal of a stand-alone restaurant as an allowable use.
The attached Ordinance includes the above noted changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\2014\November\RM-1 Collins Park CUP-MEM Second Read.docx
f
R
4
t
- ¢ .f7 ,
Ail
son
SAW v
A.a ;
' t
tl ,
•
it � �� ,• .Y r' [ f
�-
b Y
a
t •y y
.`
a
1`1r�41 n f
t
i
} Y
•_ Y
• .3,• 1 M1jF T � r
W
Oil
r
W.
a
R
LU!
w:
oa
f
r
4
A
an:
LI
" 3-�^ =i3,twt+1.�C.VM` ?-a @�.rp�. 6.c3
u. C,T E— GY 45
i.I t en V gy R Q u 43._._ �.y eet sn.� td)
X41 �b° co'��� b Ca'or= `� �.EL '3 �=0 °'.-°:''} wjE
� � cso°Ar y''�U oy i-�.. �V>lvm:= �U ft
tn
,.,.. �a' ��.c acs cU U m w a n o c m"u c sad
..�
N.Z Cr. U is co
r «.. ,� �c o
�.�p.. W ".e..� ss3�c n za .�.-vr'®m are �ro d'�._ .- cm m � O 23
..� >a;v pis �r"mm5. w > cam n ->oaaE- q°' n u.E 3:
rrr' .o,,a ca�Q_ '° E. .`'oLC- m �,"mE�'ywCIO to m
W U c E a�. n. oa".�? '�' U zv v" s cti a, _c w e c,.=.r-
CIO
W ..e � �M �' m`c -,e&"m �.}o ;� c m4 ,veo uniE�+ +.
z.g. m r� Ia E a�S 4 `4. -c_s "�.� E,-. 0 a�" m ` S 3
c"T
'" F E .°_°°�`2 c R'w n rs'G U.C. U., m u
V .o'' m qa �! m q�'ES v
G ayt
CO Z ~ c: y O. ? -, as.
s=c .. m._ o o n E m: c
�Um c Go U.
v
fq� Q C�Q 0(,,,s tL aim ti. n Gou.-m �q ua.:�,ow ca. m
.. Y. �i e u+•N i ..4 4y J Q w LL (!P.A-y�>$r 37 0 v �E
y� �_ 'C�C.a G-ti is�R X45 g w E D �y"m E6 C Ij
W �" �Wp �. m 0,0 M m¢ v."'ca M ,u� a a a�u m e.. u�o nu« gym, : ,o,.�
' M �a 4IJ «.C 1i. E' Q2�—>L-C -� °C i.'S. > LC1, 0 0.0 G =�? .d�
iM A .� m�v"� Er n.cs n`C v"o aM 0 c E� �n o��
4! �,.. � m�ancr •� ,,, Eu m,:c' _ c - m4aL•n� we«cy
aC J /y >._ n C,c' m �, c .:E t�� a. y�-
s o`
�� (3 a, rJ!?.m�usc• w,ca.� �ew.� E�,�asn.
§ i m vi m c"c ca.rye�a m `t �.°? o .E.;. c a � .
wv E n d E,e zs c--- a' o es 08 0,
:si- C, C m ERic c c + 07 c o
f f W 13,��", .� c°'.+°.0�d� CL E�°o—Q)— �c a E 0�.,��? 3 �e E v
CE. �an , E , cu. 0'-,B
t e o�Co e�c "" ' �m � u u 10
o ap sU
0O r—e C
"— cc c `
to 8 g n 0 ch e +.i 7 c E aJ
Q g.E ama -0 0 8)G1 T� I3' .� ago F'., ,m�y a��c ar c t°n p
CY
to
C ill.a. dZ'� q�. .m y }.Cti 0>•
ar �actn.v�ScJ°"o��. a °3"m E o i°-=oti°m. a
E
P:
S
r`o
to
O
�i
411:
lE i
W I N m N N L y> m m C N I >m C m m O I7 C >• Y
Z, o o-0 o r yv c o m E oL ° c crs
M' O O L C LL C O W m G m— N r �, In C m' m C m m
T LL U O m O C O�LL C«n m m C p N m V C fp ^ O b m C U C y C Um
Q E F'.°-�L'mamc Fri E E EU �O Er ��.� N y $
c ui a._o ^ t m° �o t m " >m c—n m E
°' c m m D Eoa H tea° m w L m c o ayi o� c vY o °
p c•` c:-� q Q ar EoLL me umm
N °o'- b)m�m•m ° m m ac w�>O
x `aC c r
�o >QQ cwLa—>m� O � � aLCn v =>c Zm0 m co
E = c m rn c a E c c G p ->m`y o o y p U m E«m n m
oc LJO'v,am o fir. =L C `c U oo ° m
m s ym« Em°moy�m m m �oQ mmy)°3 v m �t unZ me >Lm o Ov
U c0 ° amLCam°E t to Vim° �L`) n- co E or m ono E.?° a«ci u
> o 0 00 >ory °nm-«wt a a r ri Cr.J E c o �.c c>° HS'= Qzr E m
.Ca> m n«m¢Ca m y H 00 a c m._p N 4 'Q O m y y� O J m
OZ wm moo'- $ECmwoan G m QJM ' wo m n �� E�� ticm u s
E L Q)Q y `m C Err y m 0 .Fl f• w m -,.D
um^C L d 0 ¢
r m� v—a« m..G m c._� m_o `c ham mr prm yJo >
Q� E� ¢cw mpc-O�cCO y orm U>..0 m �«m^ `o U"" mmL c
Ln U c ;y c aF E c��"'`m o �.aE 2'LL`o�r0 m' m cf9i� ,in-
.c V m m m
'c camEmnt b p)2m UymNp } =�0 E� cy mm m
C -5-2 cam ° a m ma o m Ca m'- m yM dL v E
c Q c d H' m m --.04 H-2 2:7_m y 4 ."m w c:-.!2 t-B Cc> m
.c C N>�y C` m C. g O�U C.N LL E a m C �z «m'0 .y b-0 O�
E =N= m o.^_m c.ol_ v c_ Cv= o m nm o E c cn
�m mO._ m�n`:.O dim b m yC VOm mm LL cl 'OE Cy U 0 O«
Ll pr �Um -' m°m.m� m b w c coUmay m m c a t mm me°J >z c m
Z LL y t=.v c m 0 11 8tH° a > �m �m pv� m E o m c y y E c m m
m as o. wa`og>a a m w y_a cH>'"� m)°m E o co o o ai -o u
p a-)cm UEU O'`
m ;y c n -'�O�op� m E p m m o mL mco t y0 m a �, E E
y O a m w C L C U N m O E N O O m D m E (�
m m -.y« U Y? m m m •C c¢O N mO nn '6 ¢E G O)C C m m d OU m
m mom= Ccp m yam.=Ea c o b o c>> J v m c m o C.-m m m
E r J a Qo�c p—a J E u a LL m c..m C
M p) m OIL p >� Q N m° c OEi-E-V d m b a J : m 0 «m N N> c m
C C >
O ¢ m O c m m C m C N f'-m O d O] J m y m E Vl 3 N.J 0-0.2 m�
o y -�cn c S m 0—°-c E r m t.:b ��QaJ'« m °m CE o- c.c.c -0-2
°o
C m J'-'mQ t m m. C O U C �-
t f� m Q O L� E ul O m.y¢C m O 1] m fn-O N..y 0 0 dm- ._. V_1 y.� LL C_ y_O E.E•- C LL
_I mU m Q m nL pLLU O OOb y E �L U C�O m m
m° U m m T.0 C Q-O .O Y U L U-m L `m m m n m °D m m«
c n m C tp
li I V Q mC__c Q C C}V Q=/_V J m QV�. (.U-�Oy EE o c11»O 6.-'N a p�E ry 9 QN LU om m.am�m=o->p-.)'°rn m>m wv cm mcm m O y°amHC Ey c`-pz•g CmC0.r Q�U«y.Q m°m m Uc m wU Or mmo L�L d cy_O�Q Q pa c' ta Y N c o"j c m n N O O m UcL m E m E°.¢a mJ y y m c m J aOc 1aL_`cErn U 'N0 Na"nm m UL mD y�>Q.Q Lm S E Q m U'cm�CcC n m i=��c m m C E darnm m�—'Y.�m>m m m?•E"m m m w m c�c
Lr«mm nC
im m y U C LQ r p •U`;�
E Ct a C C « >.-LE
o E mr>« O a r- c c
Em•^ C cm >Q m m W W o c U E p i
o ^m V E �y y rn m ��� m E¢C p . mj j U _ LL °
.4 M,t_W m Q j _a
°no CO a rO U� °E> y L 0
m O- o m o
m E m c C - -c r!Ej n c a E w o'L- '
.a c m> rooc 8
m ami o w o 11 0 g om3 0 E c o O °
o m > p0 m c � "LL Q,� � E > ° E °Ey-
LL > cNa :0 NEm. -a O m o a C E om o m- o E E° �>
m Ec o 0 t >�m ° m nw o n°L am O W r Z E - yLL m m co
7
�� o° o wC U O c° D ° a U E-0 o m»c m c r L E=
O °
O U Qo r—tm m iL>
U Lom"y c m
m°c`m°my
'
n
UoZ moOOrQ O.2-cc C> " a° '00
c m a? m r wm o �N -c c)
E°U m ap '
OM CO y C c °: m, E o
C°-- mw> d r O wM �LO nm
C r E mU m N r m p m N`3 C 0 O O m Lr O
c° t N � O m L O'u C i m E y ° m
>
ID m m
O 12-> r a te U° Z° 6
mm c p >�v C y m:O m m � m C E a
cl ° U m E E o n m m O cr U o m -O L mm mr mC EO ¢ im 20-cu m E E o r�6Q J>° E m I
m 2 'o E; ¢¢ �4, 22
O 75 N> Q > Oo m mm
E >Cm O.wC mm fn O2CV
a mC E° am F � E
°m c O O F E ' E
Q c m Y O p c c E 46, E m U e m J
0 E Ea E m
avv «Cc c
Om N y �m.5;% C_ c `m mnz m: maa �E E �>o°- J— m o Em
—> mm> rn C c>n> OL c w cm -O mLm nmm OO m wC
O._ C)O,U_ OOQn m.c .y p) om>p LLrm0yE mV C CO 7¢ I m� OOO mm o
v U ¢ E d nm m m m a m e E2.c y E E m QZO o o LL� in° m m
m oa y y m m`o «Oa E p `ma• •, >m m m Q
OV r N LL O Q W E m C. L--y`C p j>>C C Nj` p m>m U.0 L E a `J m o t'3.c m-- m N C 'y m
�'C m m E=W H m U U ?J C n y C COT ° m m'C C {L to Lm C m N LL o m n
!p ...y,,. Y U C t._m n t m m U E m y m O N CL CE C�.n -� Ol« U
ai w C mrcEm U°-0ocoa`�mQ L L cL�O a —Om- ma m mr.-> CJ m m °c_O m�
C E m O L CLL p-W m r. r —r'] Vi p> L .0 O Q O y C m O O
_ m.O m Ol C O O)mQ CO C tm O O m._U m mU a C N' C m m y 3 C•-
->C c<°G °n m0'Q c c U.-
c0-o m p).. p� o'-- ,F.E
aLiG m '> r m 0 0 E E
> m O C y N m .` y-O m
'.;...s m C m m J C m m L V J Y O` m m C 2 O N N C m d b a C m .=O r U U CO«. O
p ¢E'-W. E Uw�Cpm n Q m O— U m OJ yE=`m . L'« ¢ - mm ma
¢U Ha m�m a=80tH or Q Q Ca cmi I°a EJQ Qm Q m m<J� c>'m a.°_.°0 m°`-3 m�
D w O icy m>LQrnF OO mm—O m m O _ - a m
J =O U—a V U C'O 2 C V C ¢U J J C O m N m C C c U C V cn«w Q C C. C 'm
Q yn C m C Q!._C� O.^ O c 01 Oly a. m O O m c 0 m 0 W m m> O'-y m O
m'`=$ mm-p c� Cm cn cn Emma yo Q cm' m c r>>o
W )y— E_O c mxb E c�.Na Eaa� E.J� E��^� E m c¢o f CMr a s E?b E E,o.c E'y e-E m m o o n C m~-" m o
2 V= �.-o E m m Id m Q E'm m O N^ N^ Car-a� '°t°nNLn m o m,0 t0 N pa'=.°�= m o t �UU m E E-0
ovp O O u�p«.o y o m° l(1 m° otp m LL7 mo')nmL m o m O N m �O w�p to m wooer y,y,m y m Ln O C E C m` O '-C a m m a ¢l[j ¢l[j N O h m N¢C7 r> M¢y M¢ Ifs C m V O•> r 0 0 -m L �. QI
O C O C C C>t m 0 O O L C._>> 1p O"'m _ O p C¢p Q� znr 0 m p- 9
�� ZU �UQ UO b �Q W�LQmr-i �QM r QM �fn QO? �a -a LLOO �Qb �Q lff,UJQ: J Oa m —� C a mS]O rU Q
Department of Regulatory and Economic Resources
M'AM'��E Environmental Resources Management
701 NW 1st Court,4th Floor
COUNTY Miami,Florida 33136-3912
T 305-372-6754 F 305-372-6759
Carlos A. Gimenez, Mayor miamidade.gov
June 1, 2015
Mr. Jimmy Morales, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach Tree Ordinance and Transfer of Tree Permitting from Miami-Dade County
to the City of Miami Beach
Dear Mr. Morales,
This letter is to acknowledge the City's adoption of the Miami Beach Tree Ordinance Number 2014-3904 on
November 19, 2014. At the City's request, Miami-Dade County's Department of Regulatory and Economic
Resources, Division of Environmental Resources Management (DERM) has reviewed this ordinance pursuant
to Chapter 24 of the Miami-Dade County Code and has determined that it is equivalent to, or more stringent
than, the provisions of Miami-Dade County Ordinance Number 89-8 and the Tree Preservation and Protection
provisions of Chapter 24. Accordingly, and in response to the City's request, Miami-Dade County will no
longer regulate tree resources within the City of Miami Beach as of June 15, 2015, in order to allow the City to
assume this regulatory responsibility pursuant to Chapter 24 of the Miami-Dade County Code.
Any tree removal applications received by DERM after June 15, 2015 will be forwarded to the City or returned
to the applicant. DERM will continue to enforce the requirements of any DERM issued tree permits in the
City, and will coordinate with the City on any compliance issues relating to such permits. Additionally, any
applications currently pending with our Department prior to June 15, 2015 will continue to be processed by
Miami-Dade County. In order to facilitate this transition, DERM will provide the City (under separate cover)
with copies of all pending applications as well as any permits that are issued after the date of this letter for
tree removals or relocations within the City.
Please be advised that permits from DERM will still be required for work involving mangroves as well as any
work involving impacts to wetlands vegetation including trees located in wetlands such as buttonwoods. In
addition, we want to ensure that the City is fully aware of regulatory requirements involving the removal or
trimming of coastal dune vegetation including sea grape trees that are growing on state-owned land adjacent
to your beaches. Such requests may require the approval of FDEP.
We also want to take this opportunity to provide additional background information relating to coastal dune
vegetation within the City of Miami Beach. As you are probably aware, much of the dune vegetation within
the City has been planted through the efforts of DERM and the State of Florida as a component of beach
renourishment projects over the years. We therefore respectfully request that any projects involving impacts
or the removal of dune vegetation be coordinated through DERM. These areas must be maintained to
prevent the growth of prohibited plant species pursuant to the requirements of the Miami-Dade County
Landscape Manual and other applicable laws and the City shall also enforce the minimum landscaping
requirements of these regulations within its municipal limits. This includes ensuring that controlled
�Ct�f�Yt11 ' E ce/te cc ETe l`i �au
landscaping species are not planted within 500 feet of the dunes by the City or its contractors as well as by
nearby property owners through your plan review, permitting and compliance processes.
Please also be advised that platting and zoning actions (including municipal zoning hearings, site plan
reviews and governmental facilities) are coordinated through DERM's Office of Code Coordination and Public
Hearings located at 701 NW 1 Court, 4th fl, Miami, FL 33136 and this office may be reached at 305-372-
6764. Municipal building permits are reviewed by the DERM Plan Review Section located at 701 NW 1st
Court, 2nd Floor or the Permitting and Inspection Center (West Dade Office) located at 11805 SW 26 Street
(786-315-2800).
We want to thank your staff for the excellent collaboration during the development of this local ordinance and
wish you much success in the regulation and protection of tree resources within the City. If you have any
questions or need additional information regarding DERM's Tree Permitting Program, please contact Lazaro
J. Quintino at quintl(a�miamidade.gov or (305) 372-6626. You may also contact me directly if we can provide
any additional assistance to you and City staff during the implementation of this new regulatory program.
Sincerely,AA
ee N. Hefty, Director
Division of Environmental Resources Management(DERM)
cc: Mark Williams, City of Miami Beach Urban Forester
P. Rodney Knowles, City of Miami Beach Greenspace Division Director
Ricardo Guzman, City of Miami Beach Senior Planner
Granad® Rafael
From: Morales, Jimmy
Sent: Thursday,June 04, 2015 10:56 AM
To: Mayor's Office
Cc: Management Team
Subject: FW: Miami Beach tree ordinance
Attachments: Ltr- Miami Beach Tree Ordinance.pdf
Mayor and Commissioners,
Please see the attached letter from DERM notifying us that the County has signed off on the City's tree ordinance and
effective June 15, 2015,the City will assume the regulatory responsibility for tree resources within the City. Good news
indeed. Thank you for your leadership on this issue.
MIAMI
Jimmy Morales
City Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7010 / Fax:305-673-7782 I http:/lwww.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
From: Boutsis, Eve
Sent: Thursday, June 04, 2015 10:50 AM
To: Morales, Jimmy; Guzman, Ricardo; Mooney, Thomas
Subject: Fwd: Miami Beach tree ordinance
Sent from my Verizon Wireless 4G LTE smartphone
Original message
From: "Quintino, Lazaro (RER)" <QuintL @miamidade.gov>
Date: 06/04/2015 10:32 AM (GMT-05:00)
To: "Guzman, Ricardo" <RicardoGuzman @miamibeachfl.gov>,"Knowles, Rodney"
<rodneyknowles @miamibeachfl.gov>,"Williams, Mark" <MarkWilliams @miamibeachfl.gov>,"Boutsis, Eve"
<EveBoutsis @miamibeachfl.gov>
Subject: Miami Beach tree ordinance
Good morning to all. Please see the attached letter that has been signed by our Director and mailed to Mr. Morales.
Thank you
Lazaro J. Quintino, ERPS
Department of Regulatory and Economic Resources
Environmental Resources Management
Tree Program
701 N.W. 1 Court, 6 floor
Miami, Florida 33136-3912
(305) 372-6626
http://www.miamidade.gov/economy
2