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:
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----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
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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,"