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BIE - MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY HOME RENOVATIONS EXCEEDING THE 50 PERCENT RULE (6/20/2025) City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Eric Carpenter, City Manager MEETING DATE: July 23, 2025 SUBJECT: BUSINESS IMPACT ESTIMATE MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY HOME RENOVATIONS EXCEEDING THE 50% RULE 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 I, ENTITLED "INTENT AND APPLICABILITY," BY AMENDING SECTION 4.1.2, ENTITLED “SHORT TITLE AND APPLICABILITY,” BY MODIFYING THE MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY HOME PROJECTS EXCEEDING THE 50% RULE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? X Yes ☐ No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. ☐ The proposed Ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following: a. Private applications for comprehensive plan amendments and land development regulation amendments; b. Development orders, development permits, and development agreements; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Business Impact Estimate Page 2 e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. Summary A summary of the proposed ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the ordinance, as well as in the recitals to the ordinance itself, provided at First Reading and attached hereto. 2. An estimate of the direct economic impact of the proposed Ordinance on private, for- profit businesses in the City of Miami Beach, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; The proposed ordinance does not apply to existing, legally established businesses. (b) Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; The proposed ordinance does not apply to existing, legally established businesses. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The proposed ordinance would generate no more than nominal additional regulatory costs, which may be associated with administration activities by applicable City departments. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The proposed ordinance does not apply to existing, legally established businesses. 4. Additional comments: Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Ordinances - R5 S COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:May 21, 2025 10:35 a.m. First Reading Public Hearing TITLE:MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY HOME RENOVATIONS EXCEEDING THE 50% RULE 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 I, ENTITLED "INTENT AND APPLICABILITY," BY AMENDING SECTION 4.1.2, ENTITLED “SHORT TITLE AND APPLICABILITY,” BY MODIFYING THE MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY HOME PROJECTS EXCEEDING THE 50% RULE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and City Commission (City Commission) approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 23, 2025. BACKGROUND/HISTORY On December 11, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission referred a discussion pertaining to minimum landscape requirements for single family homes (C4 G) to the Land Use and Sustainability Committee (LUSC). On February 20, 2025, the LUSC discussed the proposal and recommended that the City Commission refer the attached ordinance to the Planning Board. On March 19, 2025, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission referred the attached ordinance to the Planning Board (C4 B). ANALYSIS The attached amendment to the Land Development Regulations of the City Code (LDRs) provides relief from the City’s minimum landscaping requirements for renovations to single family homes that exceed 50% of the value of the existing building. In general, the landscape requirements set forth in Chapter 4 of the LDRs exceed the requirements in the Miami-Dade County (County) landscape code. The following are some examples of differences between the City and County landscape regulations: Lot Trees The Miami Beach code requires that lot and street trees, at a minimum, be 12 feet in height, with a minimum 6-foot canopy spread and 2-inch caliper. The County code allows for a minimum height of 10 feet and that up to 30 percent of the tree requirement may be met by native species with a minimum height of 8- feet and a minimum caliper of one and one-half (1½) inches at time of planting. Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Shrubs The Miami Beach code requires a minimum of 12 shrubs per the number of required lot and street trees, and that no less than 50 percent of the required shrubs shall be native species. Additionally, 100 percent of shrubs shall be low maintenance, drought tolerant, salt tolerant, and suitable for Miami Beach, and no one species of shrub shall constitute more than 20 percent of the required shrubs. The County code specifies that shrubs shall be provided at a ratio of 10 shrubs per required tree, and that at least 30 percent of required shrubs consist of native species. Additionally, 50 percent of all shrubs shall be low maintenance and drought tolerant. Large Shrub/Small Trees Currently, the County has no minimum requirements for large shrubs/small trees. The City code requires all large shrubs or small trees to be a minimum of 6-feet in height, with a minimum crown spread of 4-feet at time of planting and 10 feet high at mature growth. The minimum number of large shrubs or small trees must also be ten percent of the required number of shrubs for the specific project. The proposed ordinance amendment would allow for single family projects exceeding the 50% rule to revert to the minimum requirements of the County code. The proposal complies with the applicable minimum landscaping requirements in the County code, which apply to both unincorporated and incorporated areas of the County. PLANNING BOARD REVIEW On May 6, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). 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: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 23, 2025. Applicable Area Citywide Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? Yes No Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Planning Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title 10:35 a.m. 1st Rdg PH, Minimum Landscape Req, SF Home Renovations Exceeding 50% Rule. (KRG) PL Previous Action (For City Clerk Use Only) Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF Docusign Envelope ID: 3F48BC5B-C641-4EEB-8C72-E6C5053310AF