Item Coversheet

Ordinances - R5  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:November  16, 2022
 

10:20 a.m. Second Reading Public Hearing

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE Ill, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 2, ENTITLED, "REVOCABLE PERMIT," BY AMENDING SECTION 82-94 THEREOF, ENTITLED "CRITERIA FOR GRANTING/DENYING REVOCABLE PERMITS," BY AUTHORIZING AND SETTING FORTH ADDITIONAL CRITERIA TO BE CONSIDERED IN AN APPLICATION FOR A REVOCABLE PERMIT REGARDING AN EXISTING HEDGE ENCROACHING ON CITY PROPERTY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.

BACKGROUND/HISTORY

At its March 29, 2022 meeting, the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) held a discussion regarding "heritage" hedges and vegetation on islands and single-family neighborhoods that have no sidewalks.

 

Certain hedges, some dating back many years (and inherited, or passed along from property owner to property owner,) have either been planted on City property, or have grown over time so as to encroach onto the City's right-of-way.  Property owners often view these hedges as an integral part of their property, and as such, the hedges may provide a sense of privacy, security, and/or improve the aesthetics of the property.

 

Committee members, in order to assist property owners with their existing hedges that encroach onto City property, made a motion for the Administration to proceed to the full Commission with an Ordinance that would set forth additional criteria to be considered in an application for a Revocable Permit for these hedges, thereby permitting qualifying hedges which would otherwise violate the City Code to remain in place as long as the qualifying criteria is maintained. 

 

The amendments set forth in the attached Ordinance, are necessary to accomplish the objectives identified above. 

 

At its October 26, 2022 meeting, the City Commission members had the title of the "heritage" hedge Ordinance read for the record and approved the Ordinance as amended:

 

Adding two Whereas clauses to the Ordinance: 1) providing the Public Works Director authority to grant or deny a revocable permit, rather than having the request go to City Commission for approval; if denied 2) Appeal the request to the City Commission; and 3) to change the word “their” to “the” hedges.

SUPPORTING SURVEY DATA

Results from the 2022 Resident Survey related to perception satisfaction of the City show that 67.4% of Miami Beach residents, 44.0% Florida average and 49.7% National average rated the City of Miami Beach as a good place to live.

FINANCIAL INFORMATION

No fiscal impact.

CONCLUSION

The Administration recommends approving the Ordinance on Second Reading Public Hearing.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works
Sponsor
Commissioner Kristen Rosen Gonzalez

ATTACHMENTS:
Description
Ordinance