| | | | | | | | | Ordinances - R5 I
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Alina T. Hudak, City Manager | | DATE: | June 28, 2023 | | | 10:50 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 III, 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 DELETING SUBSECTION (C) THEREOF, AND BY CREATING SECTION 82-94.5, ENTITLED “REVOCABLE PERMIT APPLICATION REQUIREMENTS AND CRITERIA FOR EXISTING HEDGES ON CITY PROPERTY,” BY STREAMLINING THE APPLICATION AND APPROVAL PROCESS FOR THE ISSUANCE OF REVOCABLE PERMITS PERTAINING TO EXISTING HEDGES ENCROACHING ON CITY PROPERTY; AND AMENDING APPENDIX A, “FEE SCHEDULE,” TO ESTABLISH THE APPLICATION, REVIEW AND REVOCABLE PERMIT FEE FOR HEDGES PURSUANT TO SECTION 82-94.5; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends approving the Ordinance on Second Reading Public Hearing. |
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| | | | | | | | BACKGROUND/HISTORY
| 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 the hedges as an integral part of their property, and as such, the hedges may provide privacy, security, and/or improve the aesthetics of the property.
In order to further assist property owners with existing hedges on City property, the City is amending its revocable permit application process and criteria so that property owners may more readily and economically legalize qualifying hedges which would otherwise violate the City Code. The amendments set forth below are necessary to accomplish the objectives identified above.
At its March 27, 2023 meeting, the City Commission read the title of the Ordinance into the record and scheduled a Second Reading Public Hearing on April 28, 2023. However, at the request of the Administration, the item was opened and continued to the May 17, 2023 City Commission meeting to allow the Administration time to hold a Virtual Public Meeting on Tuesday, May 9, 2023 to go over the revocable heritage hedge permit process. |
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| | | | | | | | SUPPORTING SURVEY DATA
| Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%, and rated the City as a good place to live. |
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| | | | | | | | FINANCIAL INFORMATION
| No fiscal impact. |
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| | | | | | | | CONCLUSION
| The Administration recommends approving the Ordinance on Second Reading Public Hearing. |
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| | | | | | | | 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 | |
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| | | | | | | | Strategic Connection
| Prosperity - Revitalize targeted areas and increase investment. |
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| | | | | | | | Legislative Tracking Public Works |
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| | | | | | | | Sponsor Commissioner Kristen Rosen Gonzalez |
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