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Ordinance 2025-4761 Minimum Landscape Requirements for Sin�le Family Fiome Renovations Exceeding the 50% Rule ORDINAIVCE NO: 2025-4761 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, CODIFICATIOIV, AND AN EFFECTIVE DATE. WHEREAS, well-maintained and aesthetically pleasing landscape enhances property values and contributes to the overall attractiveness and livability of neighborhoods and communities; and WHEREAS, the City desires to provide flexibility from minimum landscape requirements for single family home projects that exceed 50% of the value of the building (i.e. the 50% rule); � and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMNIISSION 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 4. LANDSCAPE REQUIREMENTS * * * , � ARTICLE I. INTENT AND APPLICABILITY * � * 4.1.2 Short title and applicability , * * * c. Exemptions. The followinq exemptions from the requlations in Chapter 4 shall apply: 1. 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 by the planning director or designee. Page 1 of 2 2. As applicable to the renovation and/or expansion of sinqle-family homes in RS districts includinq attached or detached additions, which homes are existinq as of January 1, 2025, if the value of the work exceeds the 50% rule set forth in Chapter 2, Article XI I of this Code, as determined bv the Buildinq Official, the landscape requirements in this chapter shall not be applicable, provided the minimum requirements set forth in the Miami-Dade Countv landscape requlations are satisfied. SECTIOIV 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 2 day of A1A , 2025. PASSED and ADOPTED this �3 day of J�'�'� , 2025. : . -t/�.__ ATTEST: Steven Meiner ��� �.� ���� Mayor . ,,,,� t BEq'� ''��� _\�en... o,y,, Rafael E. Granado :�.����''.• �- City Clerk �°� ` � ' �.I�C�R�O�iED:'^% � �VJ� First Readin Ma 21, 2025 �'�-�'•• � � .��= 9� Y -•,4��....�..:��., Second Reading: ly 23, 20 �'',,R�H,z6.--; Verified by: Thom s R. Mooney, A CP Planning Director � APPROVED AS TO � ' FORM AND LANGUAGE Sponsored by Commissioner Kristen Rosen Ganz�l�z & F EXECUTION � ���(2oza" City Attorney �� Date T:Wgenda\2025\05 May 21,2025\Planning\Minimum Landscape Requirements for SF Homes Exceeding 50%Rule-First Reading ORD.docx Page 2 of 2 Ordinances - R5 N �� I AM ! �►EA� I� COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission ��FROM: Eric Carpenter, City Manager DATE: July 23, 2025 10;35 a.m. Second Reading Public Hearing TITLE: MINIMUM LANDSCAPE REQUIREMENTS FOR SlNGLE 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, CODIFICATIOfV, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and City Commission,(City Commission) adopt the ordinance. , 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 Ciry'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 fhat fot 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 far 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 (1'/z) inches at time of planting. , Shrub's 1058 of 1791 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 percenf 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. Larae 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 4feet at time of planting and 10 feet high at mature growth. The minimum number of (arge shrubs or small trees must aiso be ten percent af the required number of shrubs for the specific project. � . � The proposed Qrdinance am�ndment would allow for single family projects exceeding the 50% rule to revert to the minim�m requirements of the County code. The proposal complies with the applicable minimum landscaping requirements in the County code, which apply fio 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). UPDATE The subject ordinance was approved at First Reading on May 21, 2025, with no changes. FlSCAL lMPACT 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: 6l2Q/2Q25 See BIE at: https:/lwww.miamibeachfl.aov/citv-hall/citv-clerk/meetinq-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends that the City Commission adopt the ordinance. Applicable Area Citywide � , Is this a "Residents Riaht to Know" item, Is this item related to a G.O. Bond pursuant.to Citv Code Section 2-17? Proiect2 1059 of 1791 Yes No Was this Aqenda Item initiallv requested by a lobbvist which, as defined in Code Sec. 2-481, includes a principal enaaaed in lobbvinq? No If so, specify the name of Iobbyist(s) and principal(s}: Department Planning Saonsor(s} Commissioner Kristen Rosen Gonzalez Co-sponsor(sl Condensed Ti�(e 10:35 a.m. 2nd Rdg, Min Landscape Req, SF Home Renovations Exceeding +50% Rule. (KRG) PL Previous Action iFor Citv Clerk Use Onlv) First Reading Public Hearing on 5/21/2025 - R5 S 1060 of 1791