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Ord. No. 24-08-1959ORDINANCE NO. 24 -08 -1 959 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, TO REVISE AND ADD A SUBSECTION TO SECTION 20- 3.6(Q) ENTITLED "SCREENING OF EXTERIOR HEATING, VENTILATING, AND AIR CONDITIONING EQUIPMENT" IN ORDER TO ADDRESS THE NOISE ISSUE ASSOCIATED WITH AIR - CONDITIONING COMPRESSOR EQUIPMENT AND /OR OTHER MECHANICAL EQUIPMENT PRODUCING NOISE LEVELS EXCEEDING 65dB (decibels); PROVIDING FOR SEVERABH,ITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Land Development Code Section 20- 3.6(Q) sets forth requirements and standards for screening of exterior heating, ventilating, and air conditioning equipment; and WHEREAS, residents residing near buildings with older air conditioning systems and other mechanical equipment have been impacted by higher than normal noise levels generated by these systems; and WHEREAS, higher than normal noise levels is detrimental to the public health, safety, welfare and quality of life of the residents of the City; and WHEREAS, the Planning Board at its May 13, 2008 meeting, after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed Land Development Code amendment to address the noise levels from air - condition compressor equipment and /or other mechanical equipment be approved; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.6(Q) of the Land Development Code is hereby amended to read as follows: "(Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment (1) Air - cooled condensing and /or compressor equipment, water cooling towers, and any other similar mechanical or service equipment or apparatus installed on the roof of any building erected after the date of the passage of this ordinance shall be screened from view by a parapet wall or such other screening device as shall be approved by the environmental review and preservation board. Such screening shall be constructed so as to conceal the equipment visible in elevation. (2) Air - cooled condensing (excluding window and wall units), and /or compressor equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any other similar mechanical or service equipment or apparatus installed after September 1, 1992, on the ground or on a building (other than on its roof) shall be screened from view, at ground level outside the subject property, by Ord. No. 24 -08 -1959 the use of landscaping or such other screening device as shall be approved by the environmental review and preservation board. (3) It shall be unlawful to operate mechanical equipment including air - cooled condensing elvi:odn4a--a Wall and /or compressor equipment, and any other noise producing equipment in an all residential, institutional, commercial and industrial zoned property, when such equipment emits noise which exceeds the following noise levels, measured at the receiving property line nearest to the source; such sound levels shall be measured by City of South Miami staff or other representatives designated by the City Manager with a sound level meter manufactured according to standards prescribed by the American National Standards Institute: Maximum Permitted Sound Level in Decibels dBA (4) The above sound levels shall be applicable to existing, replacement or new mechanical equipment including air - cooled condensing - °', and /or compressor equipment, mechanical equipment, and any other noise producing equipment (5) The city's existing commercial buildings shall meet the requirements of this subsection and mitigate excessive noise levels upon the issuance of a notice of violation by the City of South Miami Code Enforcement Office. (6) Sound proofing shall be effective for the life of the equipment. If sound proofing device /equipment is determined not to be adequate, the owner shall be required to mitigate or replace the equipment and /or sound proofing material as necessary to reach acceptable sound levels. At Property Line or At Property Line or Beyond Between 10:00 Beyond Between 7:00 Receiving Land Use PM -7:00 AM AM -10:PM Single- family 55 dBA 60 dBA Multifamily, Institutional, Parks and Noise - Sensitive Zones (Hospitals,Schools,Nursing Homes,Church,Court or Public Libra 60 dBA 65 dBA Retail Commercial (Offices, Retail, Resta u rants and Movies ) 65 dBA 65 dBA Wholesale Commercial and Industrial 70 dBA 75 dBA (4) The above sound levels shall be applicable to existing, replacement or new mechanical equipment including air - cooled condensing - °', and /or compressor equipment, mechanical equipment, and any other noise producing equipment (5) The city's existing commercial buildings shall meet the requirements of this subsection and mitigate excessive noise levels upon the issuance of a notice of violation by the City of South Miami Code Enforcement Office. (6) Sound proofing shall be effective for the life of the equipment. If sound proofing device /equipment is determined not to be adequate, the owner shall be required to mitigate or replace the equipment and /or sound proofing material as necessary to reach acceptable sound levels. Ord. No. 24 -08 -1959 (7) Sound proofing for larger equipment serving commercial buildings shall consist of at a minimum a barricade or complete ventilated enclosure lined on the inside with a sound blocking (including landscaping) and sound absorbent material, in order to reduce sound to an acceptable level. (8) Installation of any fixed barricades or enclosures must be installed with applicable permits. (9) Measurement of sound levels at a specific location shall be the average of three(3) readings each taken for a period of 30 seconds during the day or night hours when subject equipment is in continuous operation. (10) These regulations shall not apply to generators or other equipment used during a declared state of emergency or during intermittent power outages; this exemption to maximum sound levels shall end when electric power is restored. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2008. F-11011686 CLERK 1st Reading- 6/10/08 2"d Reading- 7/29/08 READ AND APPROVED AS TO FORM C APPROVED: ,�. 9-,f- MAYOR COMMISSION VOTE: 4-1 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Nay Commissioner Palmer: Yea Commissioner Beckman: Yea NOTE: New wording underlined; new wording added by Planning Board shown in bold/ italics,; wording to be removed indicated by strike - through. XAComm Items\2008 \7- 22- 08\LDC Amend Sound Levels Revised on 1 st Reading Ord Section 20 -3 .doc To: Via: From: 1 South Miami k� All-America City CITY OF SOUTH MIAMI I a I I 1,,� OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 The Honorable Mayor Feliu and Members of the City Commission Ajibola Balogun, City Manager . Sanford A. Youkilis, Acting Planning Director Date: July 22, 2008 ITEM No. BACKGROUND The City Code currently provides for the prohibition of unnecessary or excessive noise coming from music, bells, whistles, horns, construction equipment, combustion engines, and motor boats, etc. This part of the Code (Sec. 15 -79 thru 15 -95) provides that the individual producing noise which "is an annoyance to the public" can be issued a violation. There are no specific standards listed. The violation is determined by a City enforcement agent. In recent years most noise complaints have been related to air conditioning units, generators and other outdoor mechanical equipment which can give off a serious high level of noise. Residents living in the vicinity of commercial buildings or multi - family housing are often disturbed by the excessive noise from older air conditioning systems and other mechanical equipment. These higher than normal noise levels is detrimental to the public health, safety, welfare and quality of life of the residents of the City. PROPOSED AMENDMENT In order to respond to the excessive noise from building generated equipment it is recommended that the police/enforcement power of the Land Development Code be used.. The Land Development Code already has a section which sets forth requirements and standards for screening of exterior heating, ventilating, and air conditioning equipment. It is being proposed that this section (Sec. 20 -3.6Q) be amended to include standards and procedures for limiting noise from these same elements as well as any other mechanical equipment. In order to assure that these standards are enforceable the amendment includes a chart indicating maximum acceptable sound levels measured in decibels (dBA). These maximum decibel levels are used in many municipalities and has proven to be of great assistance to code enforcement efforts. 2 The City of South Miami has used a sound meter (measures decibels) in order to test the standards being proposed in the ordinance. The testing was done at night and during t11e day. Attached are noise history profile tests recently done by personnel from the City's Enforcement Division. These tests verify the sound level maximums set forth in the City's proposed ordinance. PLANNING BOARD ACTION The Planning Board at its May 13, 2008 meeting conducted a public hearing and recommended additional requirements and clarifications. This additional language is shown in italics in attached draft ordinance. The Board adopted a motion by a vote of 5 ayes 0 nays recommending approval of the revised ordinance. RECOMMENDATION The City Commission approved the first reading of the draft ordinance at its June 3, 2008 meeting and revised the Section (3) and (4) to remove an exemption clause for window and wall A/C units from being subject to the new regulations. It is recommended that the proposed amendment to Section 20- 3.6(Q), as recommended by the Planning Board and as revised on first reading be adopted. 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Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. The Pledge of Allegiance was recited in unison. H. Administration: Mr. Comendeiro was duly sworn in as a member of the Planning Board. M. Roll Call: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, and Mr. Cruz and Mr. Comendeiro. Absent: Ms. Chael and Ms. Yates. City staff present: Sanford A. Youkilis (Acting Planning Director), Stephen David, (CRA Director), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications/Public Hearing (B) PB -08-017 Applicant: City of South Miami. AN ORDINANCE OF THE MAYOR AND CITY COADUSSION OF THE CITY OF SOUTH NBfAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, TO AMEND SECTION 20- 3.6(Q) ENTITLED "SCREENING OF EXTERIOR HEATING, VENTILATING, AND AIR CONDITIONING EQUIPMENT" IN ORDER TO SET FORTH STANDARDS FOR CONTROLLING EXCESSIVE NOISE LEVELS ASSOCIATED 'WITH AIR - CONDITIONING COMPRESSOR EQUIPMENT AND OTHER MECHANICAL EQUIPMENT PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Farfan read the item into the record. Mr. Youkilis reported that several Commissioners have expressed concern regarding the noise levels in the City. The Commission directed the City Attorney and the City Manager to include additions to the current section of the code related to the screening and ventilating of air conditioning equipment. It is due to concerned residents near commercial buildings hearing the sound near their single family home. The City has made a commitment to initiate legislation to monitor the sound levels. If the legislation is passed the City will purchase a sound meter in order to accurately monitor the sound levels when a complaint is made. This will measure noise levels in decibels at the receiving property line of the person making the complaint. There will be different levels which will be measured during the day or night. The City has already tested the Planning Board Meeting May 13, 2008 Page 2 of 3 sound level at different locations and the amendment illustrates that the decibel levels beyond what is illustrated would be considered a violation. The sound levels will increase depending on the zoning district. Additional comments on No. 4,5, and 6 are applicable to existing replacement or new mechanical equipment including air cool condensers but excluding window units, compressor or mechanical equipment, or any other noise producing equipment. The recommended standards have been used by other cities therefore staff recommended that the ordinance be adopted. Ms. Young questioned if the ordinance pertained to generators being used after a hurricane disaster. Mr. Youkilis advised that the ordinance does not exclude the generators. Mr. Cruz felt that emergency generators should be excluded from the ordinance. It was recommended to include the language "that emergency generators during a declared emergency are exempt." Mr. Comendeiro questioned the length of time for the declaration of a state of emergency and the authority whom terminates the declaration. He expressed concerns that a person may continue running a generator long after the declaration of emergency is no longer in effect. In order to avoid that concern Mr. Youkilis suggested adding "These regulations do not apply to generators or other mechanical equipment used during a declared state of emergency." Mr. Cruz was concerned that if the ordinance is not tied to an emergency use there is a potential that a developer or a contractor may find a way to avoid the regulations within the ordinance. It was agreed that "The exemption to run a generator shall end when normal electric power is restored" be added. Mr. Cruz questioned No.5 in that there was no timeframe to allow a contractor of a commercial building the adequate timeframe to correct an issued violation. He expressed concerns that an individual working on the building will only have one day to correct the violation. Mr. Cruz was concerned that the fines will create a hardship when having to correct the situation. Under several circumstances it takes someone more than a month to obtain the permits, thus limiting the timeframe. Mr. Youkilis advised that a hearing officer has the authority to mitigate any issued violations. Mr. Morton agreed and addressed that the same issue applies to both No. 5 and 6 and recommended removing the word "immediately" from both No. 5 and No.6. Mr. Youkilis advised that a notice of violation has two stages first there is a warning and second there is the actual violation at which time a hearing office could mitigate the violation. Mr. Morton recommended snaking changes to include that the "sound levels shall be measured by City of South Miami, staff." He also recommended the following language be added to the following sections: No. 6, include the language "as required to reach expectable levels;" Number 7 "including landscaping" and "as required to reduce the sound to acceptable levels;" No. 8, "installation of any fixed barricades or enclosures when the subject equipment is in continuous operation" and No. 9, "The installation of any fixed barricades or enclosures must be installed with applicable permits." The Board agreed making the suggested changes as well as adding a No. 10 to provide for exceptions under emergency situations. Motion: Mr. Comendeiro moved to approve the ordinance and Mr. Cruz seconded with the following recommendations: 1. No. 3 include "by the City of South Miami staff or other representatives designated by the City Manager" 2. No. 5 remove the word "immediately" 3. No. 6 remove the work "immediately" and include at the end of the sentence "as necessary to reach acceptable sound levels." 4. No. 7 add language "including landscaping" and at the end of the sentence include "in order to reduce sound to an acceptable level." 5. Add a No. 8 to read "Installation of any fixed barricades or enclosures must be installed Planning Board Meeting May 13, 2008 Page 3 of 3 with applicable permits." 6. No. 9 include the following wording at the end of the sentence "when subject equipment is in continuous operation." 7. 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MIAMI, FLORIDA On Tuesday :'July. 22 2008, beginning at 7:30 p m in. #6e City Commission Chambers, 6130`Sdnsef Drive; -the City Commission will hold P.ubli .Udarings to cohsider the following items: { AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE REMOVING [� FROM . THE LAND• DEVELOPMENT CODE :SECTION.: 20= 11:4(C) ENTITLED; "JOINT USE SPACES VIA SPECIAL PARKING PERMIT REMOVING -EROM : j.. - THE LAND DEVELOPMENT .CODE SECTION 20- 4.4(H) ,E(aITLED, RAIL USAGE CONSIDERATION VIA SPECIAL PARKING::PERMIT';; AMENDING' SECTION 20 =7.5 ENTITLED "PARKING" IN ORDERTO W. `- Y1iEGULAjI0N5 PERTAINING TO-BONUSES AND PARKING REDUCTIONSdN THE SR(HD -OU) SPECIALTY RETAIL (HOMErowN DISTRICT OVERLAY) ZONING AtSTRICT - .:. AMENDING `SECTION :20- 8.10.,. ENTITLED "BONUS ALLOCATIONS" ,IN. ORDER-TO ELIMINATE PARKING REDUCTIONS AND 'PARK BONUSES. FOR DEVELOPMENT IN THE "TODD ". TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT .. AN ..ORDINANCE. - CREATING SECTION 2-47 - ENTTLED. 'EMERGENCY RESERVES FUND, " -0F ARTICLE V OF THE -CITY'S CODE -OF ORDINANCES, ADOPTINGA.CASH MANAGEMENt. POLIdY THAT __6EQUIRES0.LESSTfiAN-_ 10 %'OF THE BUDGET TO.BE MAINTAINE!) AT ALL TIMES Y BY,THE Gf{ AS EMERGENCY RESERVES FUND TO BE USEp kLet W 60 TROPHES :OR OTHER UNSCHEDULED EMERGENCIES Y S AN OR' iNANCEAME NDINGTjiECITXOFSQUTHMIAMILANDDEVELOPMENT CODE fO AMEND SEGTION.20 3 fi1'Q) ENTffLERSGREENING OFEXTERIOR HEATING,`VENTILATI<JG;.AND AIR "CONDITIt1NIN6 fQUIP(ENI `iN ORDEF� T0. SET FORTH S TANDARDS FOR,.CONTROLLING;EXCESSIVE NOISE,LEVELS ASSOC[ ATED.,wITH AIR - CONDITIONING COMPRE_SSDR EQUIPMENT AND OTHER MECHANICAL EQUIPMENT: AN ORDINANCE. RELATING -TO..A - :REQUEST TO AMEND THE LAND DEVELOPMENT CODE 'BY REMOVfNG SECTION 20510 ENTITLED `ADMINISTR&k wAIVER�APPROVALB AN ORD'NANCE�:AMENDING' $OUTy MIAMI LAND DEVELOPMENT CODE ENTff. LED•" OFF= STREItT PARKING.REQUIREMENTS" IN ORDERTO.MODIFY THE PROVISIONSALLOwINGFORAOJaCENT .ON-STREETPARKINGSPACES - -- . _ T0, BE COUNTED AS. REQUIRED PARKING; MODIFYING THE:,.CONDITIONS ALLOWING_ FOR DN= STREET: PARKING SPACES TO BE_CREDITED: TO OTHER NEARBY PROPERTIES;'AND.PROVIDING FOR AN ANNUAL FEE TD „BE :: ASSESSED FOR COUNTING ON- STREET SPACES AS REQUIRED SPACES :: :. AN ORDINANCE .:AMENDING . LAND. DEVELOPMENT , CODE- SECTION 20- 5.11(E) ENTITLED "SITE PLAN "-REVIEW APPROVALS- GENERAL APPLICATION : -REQUIREMENTS" `.'. IN `' ORDER . TO 't:. REQUIRE : = THAT . ARCHITECTURAL PLANS FOR ALL NEW CONSTRUCTION MUST BF.-SIGNED AND SEALED BY FLORIDA REGISTEREDAIiCHfTECT AN ORDINANCE AMENDING THE SOUTH MIAMI Gb OF ORDINANCES BY '-AMENDING SECTION . 15 -99; °`ENTITLED 'CONTROLLED `PARKING RESIDENTIAL ZONES; TO DESIGNATETfiREE ADDITIONAL- CgNTROLLED PARKING RESIDENTIAL LZON €S If yoU have any Inggirieti on the above items Qiease 66'nj t the Planning and Zoning Department's office at: 305 - 663=6326: ALL interested parties are invited to attend and will be heard:' i -_ Maria. M: Menendez; CMC ' 3. tyi .0 .;:. • Clerk _ Pursuant to Florida,5tatutes 286.0105, the City hereby advises the _public ttiai'if a person •derides tp'appeal any decision made by this Boad, Agency or Commission -with respect to `any mattes corisiBe.red at its meeting or hearing, he or she will need a record of the proceedings, and that for such.purpose, affected person may need : to ensure that a verbatim record df the'prpceedings is made which'record includes the teshmony'and evidence: trpon which the appeal rs to pe based