| | | | | | | |  | Ordinances - R5 H
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | March 7, 2018 | | | | First Reading
| | SUBJECT: | ARTIFICIAL GRASS - CHAPTER 126 LANDSCAPE:
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, “LANDSCAPE REQUIREMENTS,” SECTION 126-2, “DEFINITIONS,” TO PROVIDE DEFINITIONS FOR “GRASS,” AND “ARTIFICIAL GRASS”; BY AMENDING SECTION 126-6(B) BY MODIFYING THE REQUIREMENTS FOR ALLOWABLE SOD AREAS IN SINGLE FAMILY DISTRICTS, INCLUDING PROVISIONS FOR ARTIFICIAL GRASS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for April 11, 2018.
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| | | | | | | | ANALYSIS
| HISTORY
On September 13, 2017, the City Commission referred a discussion item to the Sustainability and Resiliency Committee (SRC) to consider an amendment to the City Code to allow greater usage of artificial turf by residents, to match advancements in technology that have made artificial turf systems more permeable than natural turf. This item is sponsored by Vice Mayor John Elizabeth Aleman. On October 30, 2017, the SRC discussed the item and directed the Administration to draft an ordinance that would allow for artificial turf in rear yards and continued the discussion to December 11, 2017.
On December 11, 2017, the SRC endorsed the draft Ordinance prepared by the Administration, with minor revisions, and recommended that the City Commission refer the item to the Planning Board. On January, 17, 2018 the City Commission referred the item to the Planning Board (Item C4 G).
PLANNING ANALYSIS
The City’s Land Development Regulations (LDRs) require the use of natural growing plant material within all required setbacks. Additionally, the recently adopted changes to Chapter 126 of the LDR’s (landscaping) establish minimum landscape standards and include limits to allowable lawn (natural grass) areas, to promote a greater diversity of native plant material.
Under the LDR’s, artificial turf and/or synthetic grass is permissible in areas outside of the minimum required yard setbacks, as well as an allowable encroachment within a required yard. Any placement of artificial grass within a required yard, which is beyond the allowable encroachment limitations detailed in the LDR’s, requires a land use board variance.
The attached draft ordinance provides for artificial grass to be utilized in the required rear yards of single family homes in place of natural grass. The use of artificial grass would be subject to the same limitations of natural grass, including a limitation that it not exceed 50% of required open space on the property. The proposed use of artificial grass would be reviewed and approved by staff, rather than require land use board approval.
The draft ordinance requires that artificial grass be installed as a system that would allow for drainage that equals or exceeds that of natural grass. Additionally, the proposed ordinance would require that the owner submit an affidavit agreeing to maintain the artificial turf in good working order, as the artificial grass systems tend to clog over time, reducing their permeability, and creating the potential for flooding during rain events.
The following is a summary of the proposed regulations for the allowance of artificial grass in required rear yards within single family zoning districts:
• Artificial grass shall be allowed as an alternative to lawn grass and shall count towards the maximum lawn area of 50% in single family districts.
• Artificial grass shall be installed as a system that is pervious and contributes to storm drainage. The permeability shall be equal to or greater than that of natural grass.
• Landscape permit plans shall be provided with artificial grass system specifications, sections and details for review and approval by planning department staff.
• Applicants shall provide an owner affidavit agreeing to perpetually maintain the artificial grass system in good working order in order to ensure that there is continued ground permeability.
Additionally, the SRC recommended criteria for the newer generation of plant-derived organic systems, which require fewer synthetic chemicals that can be harmful to the environment and health. Accordingly, the following additional criterion has incorporated into the ordinance:
• The artificial grass system shall utilize organic plant-derived and other natural infill components to the maximum extent feasible, including but not limited to cork, coconut, corn husk, rice husk, and sand. The use of crumb rubber and other synthetic materials shall be minimized.
PLANNING BOARD REVIEW
The Planning Board is scheduled to review and transmit the proposed Ordinance Amendment on February 27, 2018. The Administration will advise the City Commission of the Planning Board recommendation at First Reading.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for April 11, 2018. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner John Elizabeth Aleman |
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