R5H-Amend Artificial Grass Ordinance -Wolfson-ce
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending
Chapter 142, Article Ill, "Uses and Structures Permitted," to permit artificial grass with or without restricting
in the Dune Preservation Overlay.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
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:
First Reading
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 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.
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, which is the one that limits the area where synthetic grass may be installed in the "Dune Overlay
District."
Financial Information:
Source of Amount Account
Funds: 1
I I 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 may not be a measurable impact on the City's budget by
enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
MIAMI BEACH 581
AGENDA ITEM --o:t(:--r..,.-::H..---
DATE 7-/ f -/ L
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Co mission
Kathie G. Brooks, Interim City Manager~ fj--·
July 18, 2012
FIRST READING
SUBJECT: Artificial Grass -without restrictions
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 Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE
PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES
AND STRUCTURES PERMITTED," TO ALLOW SYNTHETIC GRASS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
Artificial Grass -with restrictions
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 Ill, "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.
ADMINISTRATION RECOMMENDATION
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.
BACKGROUND
September 14, 2011: at the request of Commissioner Wolfson A discussion regarding an
amendment to the Land Development Regulations of the City 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.
582
Commission Memorandum
Arlificial grass -two options
July 18, 2012 Page 2of4
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.
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 Ill,
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:
* * *
583
Commission Memorandum
Artificial grass -two options
July 18, 2012 Page 3of4
(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;
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
584
Commission Memorandum
Artificial grass -two options
July 18, 2012 Page 4of4
send both versions of the ordinance -with and without restrictions -to the full
Commission.
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
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.
JMG/JGG/R&-~ML
T:\AGENDA\2012\7 -18-12\artificial grass memo.docx
585
Administrative Level Approval of the Use of Artificial Grass
1. Private or Public Football Fields or Soccer Fields where game action is very
frequent and very intense and natural grass cannot recover adequately in
between games uses, as determined by the Parks and Recreation Department or
the respective institution. Planning staff may approve the installation of high
grade artificial grass for use in these areas, limited to the 'game' area of the
playing field.
2. Private or Public Covered Children's Playgrounds where canopy shade
structures above the playground equipment prevent the growth and use of
natural grass. Planning staff may approve the installation of high grade artificial
grass for use in these covered playground areas, limited to the area covered by
the canopy.
3. High-Intensity-Use Small Public Outdoor Areas where natural grass cannot
survive the intensity of use without the area being closed for extended periods of
time for the natural grass to recover or be replaced, and/or where natural grass
may be victim of frequent dog use and cannot be kept sanitary for use by small
children. An example is the Euclid Oval on Lincoln Road where very small
children frequently crawl and run bare foot. Planning staff may approve the
installation of high grade artificial grass for use in these high-intensity-use small
public areas at the request of the Parks and Recreation Department.
Board Level Approval of the Use of Artificial Grass
1. Hotel Property I Private Club I or Multi-family Residential Pool Deck Areas where
lounge chairs cover the natural grass most of the time as well as produce beaten
down 'foot paths' where bathers come from and go to the pool, and where the
use of artificial grass would not have a significant adverse aesthetic impact.
Natural grass cannot normally survive this level of constant shade or intensity of
foot traffic without being frequently replaced; such applications may be submitted
to and approved by the Historic Preservation Board or the Design Review Board
provided they do not fall within the Dune Preservation Overlay District.
2. Hotel Property I Private Club High-lntensitv-Use Outdoor Areas where multiple
high intensity events are held on a daily or weekly basis involving large
concentrations of people on the natural grass as well as the moving of vehicles
and equipment over the grass in preparation for such events, and where the use
of artificial grass does not have a significant adverse aesthetic impact. These
areas of natural grass often cannot be reasonably maintained in healthy
condition and good appearance without frequent replacement. Such applications
may be submitted to and approved by the Historic Preservation Board or the
Design Review Board provided they do not fall within the Dune Preservation
Overlay District.
586
-· 0 .·
ORDINANCE NO.--------
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 Ill, "OVERLAY DISTRICTS,"
DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING
SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO
ALLOW 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 Ill, Overlay
Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and
Structures Permitted," is hereby amended as follows:
Section 142-77 4. -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.
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
587
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 __ day of-------' 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:-:-~-:--:-----:-:--------=------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2012\7-18-12\artificial grass Ord w-o restrictions.docx
588
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
111 1,1... ijiel-
ORDINANCE NO.--------
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 Ill, "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 Ill, Overlay
Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and
Structures Permitted," is hereby amended as follows:
Section 142-77 4. -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.
589
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 __ day of-------' 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2012\7-18-12\artificial grass Ord with restrictions.docx
590
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
11-z. \,2 fatf