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.

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 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.