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14To: The Honorable Mayor Stoddard and Members of the City Commission Via: Buford R. "Randy" Witt, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Departme Date: June 8, 2010 ITEM No. Subject An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the South Miami Code of Ordinances by adding Section 7 -17 entitled "Type of Construction Required of All Principal Buildings" and Section 7- 18 entitled "Staging of construction and damage to public property, rights -of -way, alleys or easements and trees and landscaping" to Chapter 7 "Buildings" in order to list the types of construction allowed and prevent damage to public property; providing for severability; providing for ordinances in conflict; and providing for an effective date. In recent months the Administration became aware that the City's regulations on Buildings, (Chapter 7, City Code) needed to be updated in order to recognize that new construction types and materials permitted by the Florida Building Code were being used throughout Florida (Section 7 -17). The draft amendment also includes within the Code specific regulations protecting City property and rights -of way from damage occurring . during construction (Section 7 -18). PROPOSED AMENDMENT There are a number of types of construction allowed under the Florida Building Code; and during the past several decades the type of construction has expanded to include construction types that are now appropriate for the construction of single family houses as well as other types of buildings. These include prefabricated concrete, pre -cast concrete, poured -in -place concrete, steel panel, manufactured housing and manufactured modular buildings. The new construction types are as strong or stronger than conventional construction types and allow for construction of buildings at less cost per square foot than conventional construction. It is to be noted that the new amendment continues the City's prohibition of mobile homes. The attached draft ordinance was reviewed by the Environmental Review and Preservation Board at its meeting on January 19, 2010 The Board recommended that the amendment to the City Code be adopted. RECOMMENDATION It is recommended that the attached draft ordinance be approved on first reading. Attachments: Draft Ordinance TJV /SAY X:1Comm Items1201 M -8 -I MCity Code Amend Chap 7 Construction CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the South Miami Code of Ordinances by adding Section 7 -17 entitled "Type of Construction Required of All Principal Buildings" and Section 7 -18 entitled "Staging of construction and damage to public property, rights -of -way, alleys or easements and trees and landscaping" to Chapter 7 "Buildings" in order to list the types of construction allowed and prevent damage to public property; providing for severability; providing for ordinances in conflict; and providing for an effective date. WHEREAS, there are a number of types of construction allowed under the Florida Building Code; and WHEREAS, during the past several decades the type of construction has expanded to include construction types that are now appropriate for the construction of single family houses as well as other types of buildings; and WHEREAS, prefabricated concrete, precast concrete, poured -in -place concrete, steel panel, manufactured housing and manufactured modular buildings allow for construction of buildings at less cost per square foot than conventional construction; and WHEREAS, other types of construction are as strong or stronger than conventional construction types; and WHEREAS, the Environmental Review and Preservation Board at its meeting on January 19, 2010 recommended the amendment to the City Codes; and WHEREAS, the City Commission desires to accept the recommendation of the Environmental Review and Preservation 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. The City Commission hereby approves amending Chapter 7 of the City's Code of Ordinances entitled "Buildings" by making the following amendment: Chapter 7 BUILDINGS Section 7 -17. Type of Construction Required of All Principal Buildings. a. All principal buildings erected within the city shall be constructed pursuant to the requirements of the Florida Building Code including High Velocity Hurricane Zone requirements, as amended, its revisions and interpretations, and pursuant to all other applicable codes, and be constructed primarily of: 1. Wood Frame construction 2. Concrete block construction 2 1 3. Prefabricated concrete or precast concrete construction 2 4. Poured -In -Place concrete construction 3 5. Steel panel construction 4 6. Manufactured housing or manufactured modular buildings 5 b. Buildings constructed as mobile homes shall not be permitted. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 7 -18. Staging of construction and damage to public property, rights -of -way, alleys or easements and trees and landscaping. a. Construction of anv tvne shall be done in such a wav as to avoid damage to public preconstructed portions of a building shall be scheduled such that the vehicles delivering the preconstructed pieces are not too large for the streets accessing the project. Cranes and similar equipment shall be positioned so as not to damage existing trees or landscaping on the proiect propert�or public property, rights -of- wav, alleys or easements and trees and landscaping. b. Anv public propertv. rights -of -way. allevs or easements and trees and landscanin damaged by construction or trees and landscaping _on the project property so damaged shall be repaired, replaced, corrected or otherwise fixed by the general contractor or proiect owner nrior to the issuance of a certificate of completion or certificate of occupancy for the project. 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 ATTEST: day of 2010 CITY CLERK MAYOR 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: CITY ATTORNEY X: \Comm Items\2010 \6- 8- 10\Prefabricated concrete construction Ord Feb 2010.doc