Ordinance 2025-4690 Shade and Palm Tree Requirements—Chapter 4 LDR
ORDINANCE NO. 2025-4690
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE
MIAMI BEACH RESILIENCY CODE, ENTITLED "LANDSCAPE
REQUIREMENTS," BY AMENDING ARTICLE 11, ENTITLED
"REQUIREMENTS," BY AMENDING SECTION 4.2.3, ENTITLED
"MINIMUM STANDARDS," BY ALLOWING PALMS TO COUNT
TOWARD MINIMUM STREET TREE REQUIREMENTS; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, a well-maintained and aesthetically pleasing landscape enhances property
values and contributes to the overall attractiveness and livability of neighborhoods and
communities; and
WHEREAS, palm trees are iconic and culturally significant to our region, contributing to
its unique identity and aesthetic appeal; and
WHEREAS, well-placed palm trees can enhance property values and contribute to the
overall attractiveness and character of neighborhoods and communities; and
WHEREAS, the City desires to allow palm trees to count towards the minimum street tree
requirements; and
WHEREAS,the amendments setforth below are 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. That Chapter 4 the Miami Beach Resiliency Code, entitled "Landscape
Requirements," is hereby amended as follows:
CHAPTER
LANDSCAPE REQUIREMENTS
ARTICLE II. REQUIREMENTS
4.2.3 Minimum standards.
The following standards shall be considered minimum requirements unless otherwise indicated
in the land development regulations:
a. Trees.
Tree size:All trees except street trees, shall be a minimum of 12 feet high with a minimum
crown spread of six feet and have a minimum caliper of two inches at time of planting.
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3. Palms as street trees: Palms as street trees are not permitted, except as specified herein
and in section 4.2.5, entitled "Landscape Neighborhood Overlays:' Palms shall be planted per
the following requirements. Single trunk palm species with a minimum of ten inches diameter
at breast height(DBH)and a minimum of 15 feet of clear or grey wood at time of planting may
be planted in addition to the required number of street trees. The maximum spacing of palms
as street trees shall be 20 feet on center. Ppi'mi; She" Pat GAlRt towards the Fequ Fed Rumber
of street trees. Palms that meet the requirements of this paragraph may count as a required
street tree on the basis of two (2) palms per required street tree. The city may require an
increase in the maximum spacing due to site-specific constraints, such as, but not limited to,
visibility triangles, signage, utilities view corridors, or the use of large canopy or diameter trees.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4. 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 Miami Beach
Resiliency Code. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the �3 day of F 6"'i4 ry , 2025.
PASSED and ADOPTED this 3 dayof . 2024.
Leven Meiner, or
ATTEST: P
Rafael E. Grana o, City Clerk APPROVED AS TO
FORM AND LANGUAGE
& FO EXECUTION
B) 2112a2.f-
Verified by: City Attorney Date
omas R. Moonei AICP
Planning Director
T:Wgenda\2024\8 September 2024\Planning\Shade and Palm Tree Requirements-Chapter 4 LDSR-First Reading ORD.doex
Sponsored by Mayor Steven Meiner
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE. February 3, 2025 9:30 a.m. Second Reading Public Hearing
TITLE. SHADE AND PALM TREE REQUIREMENTS - CHAPTER 4 LDR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED"LANDSCAPE REQUIREMENTS,"BY AMENDING
ARTICLE ll, ENTITLED "REQUIREMENTS' BY AMENDING SECTION 4.2.3,
ENTITLED "MINIMUM STANDARDS" BY ALLOWING PALMS TO COUNT
TOWARD MINIMUM STREET TREE REQUIREMENTS; AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission ("City Commission")not
adopt the subject ordinance.
BACKGROUNDIHISTORY
On February 1, 2023, at the request of then Commissioner Steven Meiner, the City Commission
referred a proposal (C4 C) regarding the ratio of palms to canopy trees to the Land Use and
Sustainability Committee (LUSC) and the Planning Board. At the March 1, 2023, LUSC meeting,
the item was deferred to April 19, 2023, with no discussion. On April 19, 2023, the item was
deferred to the June 20, 2023, LUSC meeting, at the request of the sponsor.
On June 20, 2023, the item was deferred to the September 27, 2023, LUSC meeting, at the
request of the sponsor. On September 27, 2023,the item was deferred to the January 2024 LUSC
meeting, with no discussion.While the LUSC was reconstituted on January 31, 2024, no meeting
was held in January 2024. On February 26, 2024, the item was deferred to the June 10, 2024,
LUSC meeting, with no discussion.
On June 10, 2024, the LUSC moved the proposed ordinance to the Planning Board with a
recommendation to modify the palm to canopy tree ratio to two(2)palms for every one(1)required
canopy tree.
ANALYSIS
The proposed text amendment to Chapter 4 of the Land Development Regulations of the City
Code (LDRs)would allow palms to count as required street trees on the basis of two (2) palms
per required canopy tree, provided such palms meet the following minimum size and spacing
requirements.
1. A minimum often (10) inches in diameter at breast height(DBH).
2. A minimum of 15 feet of clear or grey wood at time of planting.
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3. A maximum spacing of 20 feet on center.
This proposed amendment is intended to conform the landscaping requirements in the LDRs to
a separate amendment proposed for Chapter 46, which is pending before the City Commission,
and would also allow palms to count toward the minimum number of required street trees.
Attached is a fact sheet pertaining to the Miami Beach Tree Preservation Code and Urban
Forestry Master Plan. In addition to the information provided in this fact sheet, the following is
noted regarding the proposed ordinance amendment, as well as the importance of maintaining
and promoting healthy tree canopy citywide:
• If the City Commission decides to amend the current requirements of Chapter 46 and 126 and
allow palms to count as the required number of street trees, the City will sfill need to meet the
minimum requirements of the Miami-Dade County landscape Code. While Miami-Dade
County allows palms as street trees, municipalities within the County have different
requirements. For example, Pinecrest does not allow palms at all, and other cities restrict the
type or number of palms that are allowed.
• Palms as street trees offer less shade for pedestrians and less environmental benefits in
comparison to canopy trees that are native and Florida Friendly canopy trees.
• The standard recommendation for tree canopy coverage in cities is 30%. Unfortunately, the
City of Miami Beach was only at 17% with the last full inventory and the City's goal is 22%
canopy coverage by 2040 based on planting in 50% of available areas.
• Palms require more maintenance and fertilizer than canopy trees, as well as more frequent
upkeep. Excessive or incorrect fertilizer use has been found to lead to algae blooms in
Biscayne Bay, our aquatic preserve that is in peril, as fertilizers are carried as runoff into the
bay when it rains. Additionally, canopy trees are usually pruned on a 3-to-4-year cycle, while
palms are trimmed 3 to 4 times per year.
It is also important to note that nothing in Chapter 4 of the LDRs precludes specifying palms in
landscape designs. In fact, palms are included in most development projects, in addition to the
minimum number of street and lot trees. Chapter 4 was substantially updated in 2016 with the
express intention of increasing our urban tree canopy citywide. The current regulations further the
resiliency and sustainability goals of the City by creating shady and walkable neighborhoods and
contributing to stormwater management.
Palms have historically played an important role in landscape design in the City and are
emblematic of the City's image and brand. While understanding of the intent of the proposal to
recognize and foster the use of more palms in the city, the need for increased canopy in the City
is significant.
PLANNING BOARD REVIEW
On July 24, 2024, the Planning Board held a public hearing and transmitted the proposed
• ordinance to the City Commission with an unfavorable recommendation (5-1).
UPDATE
On December 11, 2024, the subject ordinance was approved at First Reading, by a vote of 7-0.
As noted in the Commission Memorandum for First Reading, the Administration has, and
continues to have, concerns with the proposed ordinance as the need for increased canopy in the
city is significant.
The Administration did not recommend in favor of the proposed ordinance at First Reading and
continues to urge the City Commission to carefully consider the potential long-term impacts of the
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proposal. The Administration is not supportive of the proposed ordinance and does not
recommend adoption at Second Reading.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 1/15/2025
See BIE at: https:llwww miamibeachfl gov/city-hall/city-clerk/meeting-notices!
FINANCIAL INFORMATION
NA
CONCLUSION
The Administration recommends that the City Commission not adopt the subject ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Aaenda Item initially requested by a lobbyist which as defined in Code Sec 2481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s)-
Department
Planning
Sponsor(s) ,
Mayor Steven Memer
Co-sponsor(s)
Condensed Title
9 30 a.m. 2nd I Shade and Palm Tree Requirements-Ch 4 LDR. (Memer) PL 5/7
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INFORMATIONAL FACT SHEET
Miami Beach Tree Preservation Code
and Urban Forestry Master Plan
What is the purpose of the City's Tree Preservation Ordinance?Why do governments have
rules about trees?
• The City has a healthy Tree Preservation Ordinance that protects our tree canopy now
and for future generations. The ordinance protects and preserves canopy trees and palms
of mature size which maybe impacted by construction, both on public and private property.
• When trees are removed, there's a loss of canopy, so trees must be replanted to grow the
canopy over time. Cities also lose trees from storms, disease, end of useful life, etc. The
City ordinance requires"mitigation"in the form of replacement trees lost from development
and this is how cities can make sure the canopy can be protected and grow over time.
• Regulations are important for long term community health, safety, sustainability, and
economic success.
Fun Facts:
• It takes about ten years for most of the species we plant to become
established and provide decent shade.
• Due to our Tree Preservation Permitting Program, we have seen a net
increase of 1,750 palms and 5,700 canopy trees planted based on an
analysis conducted from October 2018 to 2021.
• In a recent Miami-Dade County tree inventory, Miami Beach was identified
as one of the cities with canopy growth from 2016 to 2020. (Miami-Dade
County and American Forests)
• Extreme heat is an increasingly important resilience priority. Our summers
are getting hotter and longer due to climate change and urban
development. On average, the Miami area has 51 more days per year with
temperatures over 90 degrees Fahrenheit than it did 50 years ago and
we're expected to have the highest increase of dangerously high heat days
with a heat index over 100 degrees Fahrenheit of any county in the United
States by mid-century.
Why is it important to have trees on both public and private property?
Making the tree canopy solely the responsibility of the government is difficult due to the
lack of space—the City needs a partnership with residents since 75% of property is
privately owned.
Fun Facts:
• 79% of current canopy is on private land, and 14% is on government
property.
• The right of way (ROW) makes up a small percentage of the property on
Miami Beach.
• In addition, City parks need to retain area for recreational use, and have
limited space available for new plantings.
• Some areas, such as North Beach, are both heavily private property and
densely urbanized with impervious surfaces. Canopy in these areas
requires special placement, help from private property owners, and
innovative techniques to allow the tree roots to grow. New development in
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INFORMATIONAL FACT SHEET
Miami Beach Tree Preservation Code
and Urban Forestry Master Plan
the North Beach Town Center is required to plant larger canopy with
appropriate techniques to allow the trees to grow.
What are the benefits of trees?Why is tree canopy important?
Canopy trees absorb heat, provide shade, manage and filter stormwater, sequester COi
and help conserve electricity. Trees provide blodiversity and habitat for birds, bees,
butterflies, and other wildlife,
Fun Facts:
• It has been found that when sitting under a tree, the temperature can be up
to 22 degrees cooler and feel up to 35 degrees cooler.
• Trees are important flood mitigation structures with approximately 20% of
annual rainfall retained in the crown. They also increase the infiltration
capacity of soils, reducing flooding and erosion of soils.
• Trees reduce the urban heat island effect, absorb air pollutants such as
ozone, CO, and other climate gasses.
• Urban trees are good for physical AND mental health — people are
encouraged to walk in urban forests which boosts serotonin levels and
heart health.
• Trees also provide financial benefits. Shade helps people save on utility
bills and trees increase property values by about 8%.
What is the role of the Urban Forestry Division?
• The Urban Forestry Division oversees both operational services and strategic projects.
The Division has a highly certified Urban Forester that provides regulatory supervision
through responding to tree abuse complaints, providing guidance, and issuing permits.
• Strategic projects to grow the urban forest induce conducting the citywide Geographic
Information System Tree Inventory, managing the GO Bond tree reforestation initiative,
and advising on the right tree in the right place - the optimal planting species to result in
mature trees for corridors and roadways for the City of Miami Beach.
What is the Urban Forestry Master Plan (UFMP)?
• The UMFP is a guiding document to help evolve our urban canopy to be more tolerant to
climate change, but does not have any regulatory power over the Tree Preservation
Ordinance. As a plan, it established a goal to increase the tree canopy from 17% to 22%.
Our UFMP has become the benchmark for other plans being developed in South
Florida and other parts of the wodd. The City presented at the first ever
international conference of Tree Cities of the World because we created a plan
that looks at the approach of sustainably managing an urban forest under the
stresses of climate change, and how to create innovative adaptive efforts that will
allow for this. As the only US city selected to present at the conference, members
from around the world are looking at our plan to help guide them when dealing with
similar climate change conditions.
The adoption of the UFMP did not result in any regulatory changes regarding how
we manage existing trees and palms.
2
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INFORMATIONAL FACT SHEET
Miami Beach Tree Preservation Code
and Urban Forestry Master Plan
Why is a distinction made between canopy trees and palm trees, regarding benefits and
disadvantages?
• The Urban Forestry Master Plan recommends a transition of our palm canopy from 57%
to 25% by 2050, By planting more canopy trees, we reduce the overall percentage of
palms, without needing the removal of existing palms.
• Keeping the existing palm canopy percentage will leave the City landscape vulnerable
to future climatic stressors such as extreme heat, flooding and saltwater intrusion, as well
as impacts from pest or disease due to the lack of diversity. An overpopulation of palms
also reduces the number of planting spots for more beneficial canopy trees.
• Palms tend to be over-pruned which results in 'penciling' of the trunk. As a result, palms
tend to be weaker and this practice increases drag on the fronds during high wind events,
increasing the chance of failure.
• South Florida soils are a mixture of sand, mad (weathered limestone), and Miami
Limestone, which is alkaline with a pH hovering at about 8. The limestone does not hold
water or nutrients well, and the high pH makes it difficult for plants to get micro-elements
they need. These soils are also not conducive for healthy palm growth, and palms require
constant fertilizer to slay green in South Florida.
Fun Facts:
• Excessive or incorrect fertilizer use has been found to lead to algal blooms
in Biscayne Bay, our aquatic preserve that is in peril. When it rains,
fertilizers are carried as run-off into the Bay. Improper fertilizer use not only
impacts City waterways but can also lead to long-term degradation of the
soil.
• Palms require more frequent upkeep. Canopy trees are usually pruned on
a 3-to-4-year cycle, while palms are trimmed 3 to 4 times per year. Coconut
palms need their coconuts removed, royal palms need their boots strapped.
date palms need their dates either removed or leaned up once fallen. If
not frequently maintained, palms can be dangerous as street trees since
their fronds reach a large size and fall with risk of injury to pedestrians.
which is why some municipalities do not allow them at all. Treating palm
diseases is also very costly, especially preventative treatment for the
multitude of diseases affecting palms.
3
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INFORMATIONAL FACT SHEET
Miami Beach Tree Preservation Code
and Urban Forestry Master Plan
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