Ordinance 2021-4394 Modifications To Landscape Requirements For Small Additions
ORDINANCE NO. 2021-4394
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,"
SECTION 126-3, ENTITLED "SHORT TITLE AND APPLICABILITY," TO
PROVIDE EXEMPTIONS TO THE CITY OF MIAMI BEACH LANDSCAPE
ORDINANCE FOR ADDITIONS TO EXISTING BUILDINGS UNDER CERTAIN
CIRCUMSTANCES; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, in 2016 the City adopted major changes to the City's Landscape Ordinance;
and
WHEREAS, the applicability of the current ordinance is very broad in its requirement for
a property to come into compliance with the current regulations when any addition is made to
existing buildings; and
WHEREAS, the city recognizes that an undue burden may be placed on a property owner
to comply with the current landscape requirements when only minor additions are proposed to
existing buildings which do not impact or reduce existing landscaping on a property; and
WHEREAS, the proposed amendments would provide an exemption for such additions
from the City of Miami Beach 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:
Sec. 126-3. Short title and applicability.
(a) Title. This regulation shall be known and may be cited as the"City of Miami Beach Landscape
Ordinance".
(b) Applicability. All building permits for new construction, substantial rehabilitation or additions
to existing buildings, and projects that are reviewed under the conditional use, variance,
design review, and/or certificate of appropriateness processes, inclusive of city projects. The
planning director, or designee shall conduct all landscape reviews pursuant to the regulations
set forth in this chapter and consistent with the design review or certificate of appropriateness
regulations, as applicable and as set forth in chapter 118 of these land development
regulations. The landscape review shall include, but not be limited to, parking decks, all
required yards, decks associated with recreational facilities, or any open space areas that
are visible to the public.
1
(c) Exemptions.As applicable to additions to existing buildings that do not expand or enlarge the
footprint of the existing building, and where such additions do not require the review and
approval of a land use board, and are not a substantial rehabilitation, the landscape review
requirements in this chapter may be waived bythe planning director or designee.
(d) New development and permits for demolition or wrecking. Permits for new development and
for demolition or wrecking shall require a vegetation survey pursuant to section 126-4(a), in
order to ensure that valuable existing trees are not damaged or destroyed.
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.
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 -3 day of J946ta/ , 2021.
Dan Gelber, Mayor
ATTES ?ii
24
Rafael E. Granado, ity Clerk ...... ca, APPROVED AS TO FORM AND
e ::::\ - LANGUAGE AND FOR EXECUTION
INCORPORATED
.1 IAN
f t(a42_02.0
. .........
s.'�9 City Attorney Date
First Reading: December 9, 2020
Second Reading: J nuary 13, 2021 •
i
Verified By:
Tho as R. Money, A vs'
Planning Director
T:Wgenda\2020\12 December 9\Planning\Landscape Exemption-First Reading ORD.docx
2
Ordinances -R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
2:30 p.m. Second Reading Public Hearing
SUBJECT: MODIFICATIONS TO LANDSCAPE REQUIREMENTS FOR SMALL
ADDITIONS
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," SECTION 126-3, ENTITLED "SHORT TITLE AND
APPLICABILITY," TO PROVIDE EXEMPTIONS TO THE CITY OF MIAMI
BEACH LANDSCAPE ORDINANCE FOR ADDITIONS TO EXISTING
BUILDINGS UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On October 14, 2020, at the request of Commissioner Micky Steinberg, the City Commission
referred the item to the Planning Board (Item R9Q).
ANALYSIS
PLANNING ANALYSIS
In 2016, a much-needed update was made to chapter 126 of the LDR's, which are the City's
landscape regulations. The applicability of the current Ordinance is very broad in its requirement
for a property to come into compliance with the current landscape regulations when any addition
is made to an existing building. This can be particularly burdensome for a single-family
homeowner who may only be seeking to add a partial second floor addition or to enclose a
ground floor patio area. A landscape architect is often required, including surveying of existing
landscaping.
The proposed Ordinance would allow an exemption to the landscape requirement as follows:
Exemptions. As applicable to additions to existing buildings that do not expand or enlarge the
footprint of the existing building, and where such additions do not require the review and
approval of a land use board, and are not a substantial rehabilitation, the landscape review
Page 932 of 1954
requirements in this chapter may be waived by the planning director or designee.
As the exemption would not reduce any existing landscaping on a property, no negative impacts
on the City's overall greenspace are anticipated. Additionally, a fully compliant landscape plan
would still be required for a substantial rehabilitation.
PLANNING BOARD REVIEW
On November 17, 2020 the Planning Board held a public hearing and transmitted the ordinance
to the City Commission with a favorable recommendation by a vote of 6-0.
UPDATE
The subject Ordinance was approved at first reading on December 9, 2020, with no changes.
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
Planning
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
o Form Approved ORD
Page 933 of 1954