C4E - Tree Preservation Incentives

Committee Referrals - C4 E

C4 E REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE TO CONSIDER POTENTIAL INCENTIVES, INCLUDING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND/OR CODE OF ORDINANCES, FOR THE PRESERVATION AND RETENTION OF MATURE AND HERITAGE TREES ON PRIVATE PROPERTY; AND TO REQUIRE MATURE AND HERITAGE TREE PRESERVATION AND RETENTION AS PART OF PUBLIC CAPITAL IMPROVEMENT PROJECTS IN THE CITY OF MIAMI BEACH. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

Please place the above item on the City Commission meeting agenda as a referral to the Land Use and Sustainability Committee (“LUSC”).

BACKGROUND/HISTORY

Trees, particularly mature trees displaying advanced age, size, and ecological value, provide significant environmental, economic, social, aesthetic, and health benefits to all of the City’s residents and visitors. The City therefore has an interest in furthering the proper planting, maintenance, preservation, and retention of an urban forest, including mature and heritage trees, on public and private property to protect public health, safety, and welfare.

The City Commission adopted the current version of its tree preservation and protection ordinance, Division 2 of Article II of Chapter 46 of the Code of Ordinances, entitled “Tree Preservation and Protection,” pursuant to Ordinance No. 2019-4308 (the “Tree Ordinance”), at the October 16, 2019 City Commission Meeting.

The Tree Ordinance defines “heritage trees” to mean trees recognized for their “unique or intrinsic value to the community with regards to [their] historic value, size, age, location, distinctive form, exceptional characteristics, ecological value or other relevant criteria.” Section 46-63 of the Tree Ordinance sets forth criteria and conditions for the designation, protection, and removal or relocation of heritage trees.

The Tree Ordinance in section 46-63 currently imposes more stringent protections and tree work permit requirements for designated heritage trees. The Tree Ordinance also permits variances from setback requirements in the LDRs to be granted to facilitate tree preservation. However, development pressures continue to threaten heritage trees throughout the City. The City is currently unable to propose or adopt a more burdensome or restrictive land development regulations concerning heritage tree preservation under Senate Bill 180 but may consider zoning or financial incentives.

ANALYSIS

I would like the LUSC to discuss and consider possible incentives, including amendments to the Land Development Regulations (“LDRs”), the Tree Ordinance, and/or other provisions of the Code of Ordinances (“City Code”) to encourage private property owners to protect mature and heritage trees via expedited permitting, permit fee waivers or abatements, and expedited processing of permit applications for projects that do not disturb the existing mature tree canopy. As a condition of receiving these incentives, the LUSC could consider a requirement that property owners covenant against disturbing or removing heritage or mature trees except where necessary to prevent an imminent danger to health, safety, or property.

Additionally, I would like the LUSC to consider ways to require mature tree preservation and retention as part of the City’s capital improvement projects. These may include developing preferred vendor policies to identify companies that have not sought tree work permits for removal, relocation, or pruning of a heritage tree except where immediately necessary to protect the public health, safety, and welfare.

FISCAL IMPACT STATEMENT

n/a

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Office of Commissioner Alex Fernandez

Sponsor(s)

Commissioner Alex Fernandez

Co-sponsor(s)

Condensed Title

Ref: LUSC - Mature Tree Protection. (Fernandez)

Previous Action (For City Clerk Use Only)