Ord. No. 02-07-1903ORDINANCE NO.: 02 -07 -1903
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
DRAINAGE; AMENDING SECTION 10A -45 OF THE CITY'S
CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT
DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING
TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHS- OF-WAY AND TO
AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the minimum
requirements of the Florida Building Code; and,
WHEREAS, prior to the passage of the Florida Building Code, south Florida was
governed by the South Florida Building Code (SFBC), which code required individual
property owners to maintain all rain run -off on their property; and,
WHEREAS, the SFBC is no longer in application, and the city desires to
implement certain safeguards to ensure that stormwater drainage is properly regulated;
and,
WHEREAS, flooding is a major issue in the state of Florida and specifically a
major issue for the general health, welfare and safety of the residents and businesses of
South Miami, and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance its minimum Housing standard,
to require, individual property owners to maintain stormwater drainage on their
properties; and,
WHEREAS, the City already amended section 20 -4.7 of the City's land
development code to require properties to maintain stormwater on site, or provide
adequate drainage so as to prevent contributing or causing recurrent and/or excessive
ponding to adjoining properties or public rights -of -way; and,
Additions shown by underlining and deletions shown by ^z.er�g.
Pg. 2 of Ord. No. 02-07-1903
WHEREAS, the Mayor and City Commission desire to amend section 10A -45 of
the City's Code to require greater permitting requirements relating to flood zones.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 10A -45 is amended to reads as follows:
Application for a development permit shall be made to the building official on
forms furnished by him or her prior to any development activities, and may include, but
not be limited: to, the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question, existing or proposed
structures, earthen fill, storage of materials or equipment, drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
(3) Application stage.
a. Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
b. Elevation in relation to mean sea level to which any nonresidential
building will be flood proofed;
C. Certificate from a registered professional engineer or architect that
the nonresidential floodproofed building will meet the floodproofing
criteria in section 10A- 49(2), of this article;
d. Description of the extent to which any watercourse will be altered or
relocated as the result of proposed development.
e. Survey by a profession surveyor and /or mapper to locate lowest
elevation point, and spot elevations;
£ Certified geoteehnical company ercolation testing to find out how
fast the water drainage gh soil to determine drainage system,
s. ss. s
such as, exfiltration trench system;
g. Detailed plans documenting the existing stormwater drainage
condition of the site, the adjoining properties, and rights -of wad
h. Detailed plans documenting the scope of work in order to ensure
proper drainage of the site and documenting compliance with section
20- 4.7(C)(4);
i. A 125 percent of estimated cost performance bond for public right -
of way improvements;
j. Development, with proper expert testimony and analysis, of a
Maintenance of Traffic (MOT) plan, which plan shall be provided
prior to construction, to ensure safe passage of both pedestrian and
motorist traffic adjacent to proposed drainage work.
k. Submittal of all plans and permit documents to the City of South
Miami's "site review committee" which committee shall consist of
Additions shown by underlining and deletions shown by ever-s-triking
Pg. 3 of Ord. No. 02 -07 -1903
representatives of the city's building, and public works
departments in order to obtain review and sign off as to proposed
development permits.
(4) Construction stage.
a. Provide a floor elevation or floodproofing certification after the
lowest floor is completed. Upon placement of the lowest floor, or
floodproofing by whatever construction means, it shall be the duty of
the permit holder to submit to the building official a certification of
elevation of the lowest floor,. floodproofed elevation as built, in
relation to mean sea level. Said certification shall be prepared by, or
under the direct supervision of, a registered land surveyor or
professional engineer and certified by same. When floodproofing is
utilized for a particular building, said certification shall be prepared
by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's risk.
The building official shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further progressive
work being permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby, shall be cause to
issue a stop work order for the project, and refusal to issue a
certificate of use or occupancy.
b. Provide certification by a professional enLyjneer, prior to completion
of construction, that development and site comply with the
requirements of 20-4.7(C)(4). The building official shall review the
floor elevation surve data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and prior
to further progressive work being,, permitted to proceed. Failure to
submit the survey or failure to make said corrections required herein
or pursuant to section 20- 4.7(C)(4) of the City's land development
code, shall be cause to issue a stop work order for the project, and
refusal to issue a certificate of use or occupancy.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Additions shown by underlining and deletions shown by Wig:
Pg. 4 of Ord. No. 02 -07 -7903
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
(�
PASSED AND ADOPTED this 4-3`a Y of , 2007.
ATTEST: APPROVED:
. C.�
VITY CLERK MAYOR
READ AND OVED AS TO ORM
Luis igueredo,
agin Gallop Figueredo, P.A.
Office of City Attorney
15t Reading — 7 2 /mil / 0 6
2" d Reading - 7/ 2 3/ 0 7
COMMISSION VOTE:
4-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
absent
Commissioner Beckman:
Yea
Additions shown by underlining and deletions shown by e °-mg.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
South Miami
Al- Amertca CRY
I-
2009
To: The Honorable Mayor Feliu and Members -of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director P
Public Works & Engineering Department
Date: January 23, 2047 Agenda Item No..
Subject; Amending the City's Code to" require properties being developed to retain
stormwater drainage on -site.
Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING
SECTION 1OA -45 OF THE . CITY'S CODE IN ORDER TO REQUIRE
PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO
PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO
OR CAUSING RECURRENT OR EXCESSIVE "PONDING ON ADJOINING
PROPERTIES OR PUBLIC RIGHS -OF WAY AND TO AMEND THE
PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND
DRAINAGE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE
Request: To approve amendment to current ordinance f "require properties to retain
stormwater drainage on -site.
Reason /Need: The intent of this amendment to Section 1 OA -45 of the City's Code is to
prevent development that would result -in contribution to recurrent or
stormwater runoff from developing property on to adjoining property or
right -of -way. With this change, developers would be forced to properly
grade their property such that stormwater runoff would be retained on site
as currently specified in section 20-4.7 of the City's Land Development
Code.
In addition, this change would requirek developers to provide certification
by a professional engineer, prior to completion of construction, which
development and site complies with the requirement to maintain
stormwater on site, or provide adequate drainage so as to prevent or
causing recurrent and/or excessive ponding to adjoining properties or
public rights -of -way,
Cost: NIA
Backup Documentation:
® Proposed Ordinance
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Nothing goes better with breakfast
than The Miami Herald, delivered.
1- 800 -441 -0444
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, January 9, 2007, beginning at 7:30 p.m., it
the City Commission Chambers, 6130 Sunset Drive, the
City Commission will hold Public Hearings to consider the
following items:
AN ORDINANCE RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL
REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL
TERM WITH All A,rQPA;Tlg RFN9Afn6TERM "N OPTIONTO RENEW ORAN
ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE
FEE AS PROVIDED UNDER STATE AND FEDERAL LAW, PROVIDING FOR
STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES,
AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1 DA-45 OF
THE CITY S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE $O AS TO PREVENT DEVELOPMENT THAT
WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR
EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF-
WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER
REVIEW AND DRAINAGE
-AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
211- 5.18(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN ULU OF UNITY OF TITLE
A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE SPEC€AUTY RETAIL ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS IN ORDER TO: {1) ALLOW ATDTAL LOT COVERAGE OF B5% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE
ON SOUTH DIXIE HIGHWAYAND THE MAXIMUM 50% LOT COVERAGE ON SW
74th STREET-, (2) ALLOWA BUILDING TO HAVE 50,163 SQUARE FEET WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW CURB CUT TD BE LOCATED ON SW 591h
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FCR PROPERTY GENERALLY LOCATED AT 5966 -70
SOUTH OWE HIGHWAY.
A RESOLUTION RELATING TO A REQUEST FOR THREE VARIANCES FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW
THE CONSTRUCTION OF TWO STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE
VARIANCES REQUESTED ARE (1) A VARIANCE TO ALLOW THE LOT SIZE OF A-
BUILDING SITETO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF
6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60
FEET IS REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD
SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS
REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE FOOTAGE OF THE
SECDND STORY TO BE THE SAME SQUARE FOOTAGE (100°1.) AS THE FIRST .
FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TD 60% OF THE FIRST FLOOR SQUARE FOOTAGE.
A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION
20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE
CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT $016 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS-4' SINGLr FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES
WHEREA MINIMUM OF 25.FEET IS REQUIRED.
A• RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D)
OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO
LOCATE AN ANIMAL HOSPITAL FACILITY IN THE "GR" GENERAL RETAIL
ZONING USE DISTRICT SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY.
4bove Items can be inspected in the City Clerk's Office, Monday -- Friday during regular
of Tice hours. If you have any inquiries on the above Items please contact the City Clerk's
3ffice at 305 - 663 -6326. ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
'ursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
Jerson decides to appeal any decision made by this Board, Agency o� Commission with
aspect to any matter considered at its meeting or hearing, he or she will need a record
d the proceedings, and that for such purpose, affected person may need to ensure that
i verbatim reccrd of the proceedings is made which record Includes the testimony and
vidence upon which the appeal is to be based.
5
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And you thought they'd haver say "that about sc13ao1!
Rids spend more tame •?mK 3 t6tigh 515 Grade
of school than at home. : Academic Enrichment Classes
Make the most of that time Daily Spanish Classes for K -5th Grade
�aue, larcgif a+wrd t!eaR.c at Stale�f the Art Iv3edla Center
F?Ry F-qn qed Science Lair
Small glass Sizes
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IafanVI6ddlerPmgtam
Actitedlted try Chnstiaa Scliaols of Florida
KENDALL:CHRISTIAIV
'SCHOOL
�A Mia[stry of Fendal l?nsbyterfaa Church ....
OPEN HOUSE WED. , JAN. 17. 9:00 AM
5485 5% 112 #h St :� Miatni�FL 33156_• (3DSj 271 3723
www.kendeilchristiancbm
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C�d1RTESY NOTICE
CITY: OF $OUTH MIAMI,
-
On Tuesday, -January 23, 2067, -ii gh, ing at 730 p.m., In the City Cornmissiorl
Chambers, 6130 Sunset Drive, the C€ty_Commission wdl hold Public Hastings to
consider the following items:
AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1 DA-45 OF
THE CITY'S CODE IN ORDER 'TO REQUIRE PROPERTIES TO RETAIN '
STORMWATER .DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT
- THAT WOULD RESULTiN CONTRIBUTING TO OR CAUSING RECURRENT OR'
EXCESSIVE PONDING ON ADJOINING PROPERTIES OR .PUBLIC RIGHTS -'
OF -WAY AND TO AMEND.THE PERMITTING PROCESS SO AS TO ENSURE - ,
PROPER REVIEW AND DRAINAGE
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING'
SECTION 20-5.16 RELATING TO UNITY OF_TITLE; "CREATING SUBSECTION= -
20- 5.16 {Fj TO PROVIDE FOR THE OPTION OF USING A pEC€JIRATION OF ti=
RESTRICTVE COVENAN75 EN LIEU OF UNITY OFTITLE AN ORDINANCE: RELATING TO -,THE LAND'- DEVELOPMENT CODE;
AMENDING SECTIONS 20 -7.30 AND 20 -6.18 RELATING TO UNITY OF TITLE-.--.
PROVIDING FOR THE OPTION OF USING A DECLARATION.OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE. - ` -'-
' A tiESOLUTlON RELATING TO A.REQUE If FOR THREE VARIANCES FROM
"SECTION 2G3.5(E) OF THE LAND DEVELOPMENT. CODE IN ORDER TO.
ALLOW THE CONSTRUCTION OF A TWO STORY SINGLE FAMILY HOME ON
_ PROPERTY LOCATED.AT 635D SW 00 AVENUE, SOUTH MIAMI, FLORIDA,''.
WITHIN THE "RS4" SINGLE FAMILY RESIDENTIAL: ZONING USE DISTRICT.
..THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT;
SIZE-OF A BUILDING SITE TO BE 4796 SQUARE FEET WHERE A.MWIMUM
LOT - SIZE OF 6000 SQUARE FEET IS REQUIRED AND 47 FEET 'OF
FRONTAGE WHERE 64 FEET 18 REQUIRED;`(2)- AVARIANCR'TO PERMIT 14
INTERIOR SIDE YARD SECOND. STORY SETBACK TO BE 9 FEET .9 INCHES
WHERE 10 FEET IS REQUIRED; -(3) A VARIANCE TO ALLOW71HE SQUARE
FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE
1 1A AS THE FIRST FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND
L00R 15: TO -.BE LIMITED. : TO, 66ek;:OF--THF- FIRST - -FLOOR SQUARE -
FOOTAGE 7 - .
A RESOLLrrIOtfRELlTING:TO 4- REQUEST FOR VARIANCES•FROM_:-
SECTION 20- 3.5(x' OF THE LAND: DEVELOPMENT CODE IN ORDER TO
ALLOW THE. CONSTRtIWON OF A ONE STORY SINGLE FAMILY HOME ON
PROPERTY LOCATED.'AT -8016 SW 63 STREET SOUTH:MIAMl; FLORIDA,
WITHIN THE 'AS-4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
THE VARIANCE REQUESTED IS TO ALLOW_A REAR SETBACK -TO BE -23, -;
- FEET 10 [ NCHES WHERE A MINIMUM -OF 25 FEET IS- REQUIRED - r
- -A - RESOLUTION RELATING TO THE ISSUANCE: OF A CERTIFICATE OF -
-
.,.APPROPRIATENESS _ punsVANT TO SECTION 20- 5.19 {EJ(3) OR THE LAND
DEVELOPMENT CODE FOR THE REPLACEMENT OF WINDOWS. IN A SINGLE
'_-FAMILY. RESIDENCi= LOCATED -- 'AT:625D miuenlf AD..W€TH[N THE-
� 7 CAMBRIDGE LAWNS HISTORIC DISTRICT;- --
Above items can tie inspected in the City Cterk s Office, Monday -'Friday duArig
regular office hours s
_ - if you have -any inquiries on the abava itemsp€ease ce3ntactthe City Clerk'
s office
a 1 305-663-6326 '
ALL Interested parties ara invited to attend and will be hea
.'rd
Marla M Menetiifax ClNC
. City Cleric -
Pursuant to_Ffortda Statutes 296.!7105, the Cityy -hemby "advises "the- put;0c that 11 a person
tlecidas to- apppeal any decision made by this 8e a, Agency or Cammiesion with respect to any
- ' matter consldered at its meeting or hearing, he or she Will need a resod of the proceed,.93
and that for such purpose, affected paman may need to ensure that a veMatim record of the
.proceedings
is made which record includes the testimony and evidence upon which the appeal
se to be.based.
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