Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 4.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: July 12, 2021
TITLE:

AN ORDINANCE AMENDING CHAPTER 126 OF THE MIAMI BEACH CITY CODE.

HISTORY:

On March 17, 2021, the Mayor and City Commission adopted Resolution No. 2021-31653, sponsored by Commissioner Steven Meiner, requiring palm removals be held in abeyance until legislation is considered regarding the preservation of palm landscapes iconic to Miami Beach’s culture and history. Additionally, the intent of the resolution is to accommodate preservation concerns while minimizing any delays to City construction projects currently in process.

On March 17, 2021, and also at the request of Commissioner Meiner, the City Commission referred a proposed Ordinance pertaining to Chapter 126 of the Land Development Regulations of the City Code to the Land Use and Sustainability Committee (C4 AK). At the April 29, 2021 Land Use and Sustainability Committee (LUSC) meeting, the item was deferred to the May 26, 2021 LUSC meeting with no discussion. On May 26, 2021 the item was deferred to the June 21, 2021 LUSC meeting, without discussion.

On June 21, 2021, the LUSC discussed the proposed amendment, as well as the proposal within the context of La Gorce Island. The LUSC continued the item to the July 12, 2021 meeting of the LUSC, with direction to staff to prepare an option for a more tailored approach to La Gorce Island that balances the goals of the Urban Forestry Master Plan (UFMP) with the unique character and context of the neighborhood. The LUSC also directed staff to study a method for providing a similar, tailored approach to individual neighborhoods citywide.

ANALYSIS:

BACKGROUND
On October 14th, 2020, the Urban Forestry Master Plan was approved unanimously by the City Commission, with the purpose of establishing a resilient tree canopy that will increase the canopy coverage in the City from 17% to 22% over the next 20 years. On March 17, 2021 two separate referrals were made to City Commission Committees regarding a process for allowing palm trees, in certain, defined areas of the City, to count toward the minimum number of required street trees (as opposed to the currently required canopy trees), and to allow palm trees to be eligible for Heritage Tree designation (currently this designation is for canopy trees).

The proposed Ordinance amendment to Chapter 126 of the Land Development Regulations of the City Code that was originally referred to the LUSC would allow palms or trees identified in a new, Appendix F of the Urban Forestry Master Plan to count towards the minimum number of required street trees established in Chapter 126 of the LDRs. The proposed Ordinance amendment to Chapter 46 of the City Code, which was referred to the Neighborhoods and Quality of Life Committee (NQLC), is attached for informational purposes, includes the following:

• Trees identified in the proposed Appendix F of the Urban Forestry Master Plan, including trees defined as palms, shall be permitted and encouraged to remain.

• Trees identified in the proposed Appendix F of the Urban Forestry Master Plan, including trees defined as palms, may be replaced with the same species palm or tree at the same location with no additional mitigation requirement.

• Palms identified in the proposed Appendix F of the Urban Forestry Master Plan would be eligible for heritage tree designation. Currently, only canopy trees are eligible for heritage tree designation.

The proposed amendment to Chapter 46 is currently pending before the NQLC.

For additional background, the following is a brief synopsis of the current unique roles of Chapter 46 and Chapter 126 of the City Code in the maintenance and enhancement of trees in the City:

Chapter 46, Division 2 – Tree Preservation and Protection
Pursuant to this Division of the City Code, the Urban Forestry Division administers the City’s tree preservation program, which includes the tree permitting program for the proposed removal or relocation of any palm or tree on public or private property. Mitigation for palm and tree canopy loss, either as part of a separate application or a development permit, is in the form of replacement canopy trees. A minimum of 50% of all replacement trees shall be native to South Florida. Palms may be included in landscape plans for a project, but they do not count for mitigation due to the low environmental benefits they provide. When the total number of trees required as replacement trees cannot be reasonably planted on the property or a suitable alternate location cannot be identified, a property owner can contribute to the City’s Tree Preservation Trust Fund as an alternative.

Chapter 126 – Landscape Requirements
The regulations set forth in Chapter 126 establish minimum landscape standards that enhance, improve and maintain the quality of the City’s landscape. This includes preventing the destruction of the City’s existing tree canopy on public and private property and promoting its expansion and diversification. Chapter 126 provides the following minimum street tree requirements:
• Street tree plantings shall be provided along all roadways at a maximum average spacing of 20 feet on center.
• Minimum tree height: 12 to 14 feet.
• Minimum palm height: 15 feet of clear or grey wood.
• Street tree diversification to prevent a monoculture and to prevent significant tree loss due to disease that may impact specific tree species.

Chapter 126 allows for palms to be planted in addition to the required number of street trees; palms are an important part of our Miami Beach identity. However, palms do not count towards the minimum number of required trees since canopy trees will help achieve overall urban forestry goals of shade, heat reduction, biodiversity, disease resistance and stormwater management.

ANALYSIS
The following is an analysis of the versions of the proposed amendments to Chapter 126 and Chapter 46 that were prepared by the City Attorney’s office at the request of the item sponsor. This includes the impacts to Chapters 46 and 126, as well as the proposal to create “Appendix F” to the Urban Forestry Master Plan.

Chapter 126 of the LDR’s sets forth minimum requirements for street and canopy trees, both on private property and within public rights-of-way. Palm trees are not eligible to satisfy the minimum canopy tree requirements under Chapter 126. The proposal would create a new Appendix F in the Urban Forestry Master Plan (UFMP), outlining a list of approved historic landscaping features, and allow for palms identified in Appendix F to count toward the minimum canopy tree requirements. Under the proposal, the City Commission would be able to add properties and areas of the City to the proposed Appendix F by Resolution.

Under the existing provisions of Chapters 46 and 126, there has been a steady increase of both palm and tree populations citywide and the City will continue to meet UFMP requirements while still retaining and increasing palms within our landscape. While understanding of the intentions of the new proposal, the Administration has identified some areas of concern regarding the revisions proposed in Chapter 126, as well as in the companion referral to the NQLC pertaining to Chapter 46.

The proposed amendments to Chapter 46 and 126, as drafted by the City Attorney’s office, will impact the ability of the City to meet the goal set in the UFMP to reach 22% canopy coverage by 2040. The proposed amendments will also restrict urban canopy diversity. This, in turn, will increase the City’s susceptibility to disease outbreaks and reduce the effectiveness of the City’s most important green infrastructure such as shade, heat reduction, air quality, biodiversity and stormwater management.

The following is a summary of specific areas of concern identified by the Administration:

Proposed Appendix F
In areas of the City to be identified in Appendix F (both now and in the future) the proposal does not specify the species of palms, nor the minimum height and spacing requirements. For example, if La Gorce Island were added to Appendix F in the future, Royal Palms, with minimum height and spacing requirements should also be included.

Chapter 126
Chapter 126-6 refers to minimum standards for palms as street trees. The proposed amendments would allow for palms identified in Appendix F to count towards the required number of street trees. It should be noted, however, that the proposed language in the draft Ordinance would still allow for street trees or palms of any species to be planted as street trees. Additionally, the proposed Ordinance does not contain any minimum standards for the palms identified in the proposed Appendix F, including species, height and greywood dimensions.

Chapter 126-6 also refers to minimum standards for private property. It is not recommended that area specific regulations identified in Appendix F, pertaining to palm trees, be applied to both public and private properties. For example, some of the private properties within an area identified in Appendix F may want to utilize canopy trees on their private property to satisfy the minimum canopy requirements of the Code, as opposed to palm trees. At a minimum it is recommended that this be clarified.

Chapter 46
With regard to the proposed amendments in Chapter 46, which are pending before the NQLC, the following is noted:

• The proposed amendments will affect the City’s ability to meet City Commission approved tree canopy goals of 22% canopy coverage by 2040. This goal is feasible if the recommendations outlined by the UFMP are followed.

• Mitigation in the form of canopy trees or trust fund contributions should be required for palms and trees in areas listed in the proposed Appendix F. As mitigation within the ROW may be challenging, the planting of trees in other areas of the City that are in need of canopy coverage is recommended.
• The proposed modification to Sec. 46-63, allowing palms in the ROW to be eligible for heritage tree designation, could result in more restrictive development conditions and potentially become problematic with neighborhood improvement projects. For instance, if palms within a given neighborhood experience disease or pests, it may be difficult to replant a different species that is less susceptible to such disease or pests. Also, the City Code requires an adjacent/abutting private property to maintain trees in the ROW and the designation of heritage tree status could create an issue if lethal diseases develop and spread within a specific area.
In summary, after careful consideration, and as noted previously, the Administration does not recommend that the proposed amendments to Chapter 126, and by extension the proposed modifications to Chapter 46, move forward as originally drafted. In this regard a careful and balanced approach between palm and canopy trees exists under the current regulations. These regulations currently provide for a net increase of both palms and canopy trees for redevelopment projects. Over the last three years redevelopment projects have resulted in an 83% increase of palms on these sites; this trend is expected to continue.

UPDATE
At the June 21, 2021 LUSC, the Administration was directed to prepare a more tailored option for addressing the unique, individual character of neighborhoods citywide, including, more specifically, La Gorce Island. In this regard, a revised option for Chapter 126 has been prepared, which establishes provisions for creating landscape overlays for specific neighborhoods. The following is a summary of the revised proposal, which is also attached:

• Subsection 126-8, entitled ‘Landscape Neighborhood Overlay’ has been created. This subsection establishes a purpose and process for creating specific overlays within the City.

• Within the overlay areas, distinct and iconic landscaping features, that contribute to a unique and prominent neighborhood character, will be identified and permitted to be retained.

• Landscape Neighborhood Overlays must still comply with all applicable regulations setforth in Chapter 126 and Chapter 46, including minimum landscape standards and contributions into the Tree Trust Fund.

• The La Gorce Island Neighborhood has been identified as the first Landscape Neighborhood Overlay. This overlay has recognizes the aesthetic characteristics associated with the long term planting of Royal Palms and Canary Island Date Palms within its rights of way. The La Gorce Island overlay also establishes provisions that will preserve the long term characteristics of this distinct streetscape.

In sum, the Administration believes that this revised proposal accomplishes the goal of addressing the unique character and identity of individual neighborhoods, while still being consistent with the goals and objectives of the UFMP, as well as Chapter 46 and Chapter 126 of the City code. These overlays will be considered on a case specific basis, taking into consideration the unique characteristics of a particular neighborhood, as well as existing and proposed species of trees and palms.

CONCLUSION:

In view of the foregoing, the Administration recommends that the LUSC endorse the revised proposal for Chapter 126 and transmit the item to the City Commission for referral to the Planning Board.

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?
No No 

Departments

Planning
ATTACHMENTS:
DescriptionType
Chapter 126 - SPONSOR ORDOrdinance
Chapter 46 - NQLC Companion ORDOrdinance
Landscape Overlay - DRAFT ORDOrdinance