9CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members ofthe City Commission
Via: Orlando Martinez de Castro, Acting City Manager
From: Christopher Brimo, AICP "rr('/
Planning Director ~y
Date: July 31,2012
SUBJECT:
ITEM NO.-E--
2001
An Ordinance amending Section 20-3.6(J)(1)(c) and (e) of the City's Land Development
Code, swimming pool rear-yard setback requirements.
SUMMARY OF REQUEST
On June 5, 2012, the Environmental Review and Preservation Board (ERPB) discussed and
recommended that swimming pools be allowed the design flexibility to be located closer to the
rear of the property. Currently, the Land Development Code requires swimming pools a
minimum rear setback of twelve and one half (12.5) feet from the rear lot line and the Board
members suggested that the distance requirement be reduced to ten (10) feet.
The proposed amendment to Section 20-3.6(J)(1)(c) and (e), Swimming Pools, that is before you
for review and recommendation accomplishes the ERPB's purpose. It reduces the swimming
pools minimum rear setback from twelve and one half (12.5) feet to ten (10) feet, and measured
from the water's edge rather than the edge of the pool.
On June 19,2012 following a public hearing, and comments from the Chairman of the ERPB,
the Plmming Board voted unanimously (6-0) to recommend approval of the proposed amendment
to the City Commission.
Proposed Amendments
20-3.6 -Supplemental regulations.
(J) Swimming Pools.
(1) Swimming pools which are open and unenclosed, or covered by a screen enclosure or a
screen enclosure not covering a swimming pool, may occupy a required rear or side yard,
subject to the following conditions:
(a) Minimum front setbacks shall be at the front building line.
(b) Minimum side setbacks shall be ten (10) feet from each side lot line.
(c) Minimum rear setbacks shall be twelve and one half (12.5) ten (10) feet from rear lot
lines.
(d) A walk space at least eighteen (18) inches in width shall be provided between pool
walls and fences or screen enclosure walls.
(e) All setback distances shall be measured from the outside wall of a pool waters edge.
RECOMMENDATION
Staff recommends that the City Commission approve the proposed amendment to the City'S
Land Development Code.
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An Ordinance amending Section 20-3.6(J)(1)(c) and (e) of the City's
Land Development Code, swimming pool rear-yard setback
requirements.
WHEREAS, the Land Development Code ("LOC") of the City of South Miami ("City") provides for
setback requirements for swimming pools; and
WHEREAS, the Planning & Zoning Department received a request from the Environmental
Review and Preservation Board (ERPB) to review the rear setback requirements for swimming pools; and
WHEREAS, the ERPB felt that the rear setback requirement should be no more restrictive than
the current side setback requirement often feet; and
WHEREAS, the ERPB felt that the current rear setback requirement created a hardship when the
required distance from a structure's foundation was taken into consideration; and
WHEREAS, the ERPB felt that the current rear setback requirement was more restrictive that
surrounding municipalities; and
WHEREAS, on June 19, 2012, Planning Board following a public hearing recommended that the
code be amended to change the current rear setback requirement and how it is measured by a vote of 6
ayes; 0 nays.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The South Miami Land Development Code, section20-3.6(J)(1)(c) and (e) shall be amended as
follows:
20-3.6 -Supplemental Regulations.
(1) Swimming Pools.
(1) Swimming pools which are open and unenclosed, or covered by a screen
enclosure or a screen enclosure not covering a swimming pool, may occupy a
required rear or side yard, subject to the following conditions:
(a) Minimum front setbacks shall be at the front building line.
(b) Minimum side setbacks shall be ten (10) feet from each side lot line.
(c) Minimum rear setbacks shall be tV/eive and one half (12.5) ten (10)
feet from rear lot lines.
(d) A walk space at least eighteen (18) inches in width shall be provided
between pool walls and fences or screen enclosure walls.
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(e) All setback distances shall be measured from the outside wall of a
peel waters edge.
Section 2. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 PM.
Pledge of Allegiance was recited in unison.
II.Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini.
Board Member absent: Mr. Cruz (Vice-Chairman).
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There are no administrative matters at this time.
IV. Public Hearings
7. PB-12-022 Applicant: City of South Miami
An Ordinance amending Section 20-3.6 (J)(l)(c) of the City's Land Development Code,
swimming pool rear-yard setback requirements.
Dr. Whitman read the item into the record.
Mr. Brimo presented the item to the Board.
Mr. Vitalini inquired about the change of from the wall to the water's edge. He stated that
looking at it now it does make sense to change it to the water's edge. Mr. Brimo responded that
we have to amend the diagram if the Board chooses to move this forward it will reflect from the
water's edge.
Motion: Dr. Philips motioned to approve the item as proposed. This motion was seconded by
Mrs. Beckman.
Mr. Fernandez the Chairman of the Environmental Review and Preservation Board (ERPB)
presented the concerns of the ERPB.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Mr. Dundorf: Yes
36SE I SUNDAY, AUGUST 12, 2012 SE
• CALENDAR, FROM 35SE
SUMMER WITH UNITY CENTER OF
MIAMI'S EVERYTHING AVOCADO
FESTIVAL PURCHASE HOME
GROWN HOME PICKED AVOCADOS.
ENJOY MUSIC, FOODS & DRINKS.
FACIALS, HAIR & MASSAGE with
Avocado Based Products ..
9 a.m. Aug. 18. Unity Center of
Miami. 16320 SW 147 Ave, Richmond
West.
Civic Center Metrorall Station
Market: This Thursday & Friday
market at the metrorail station (close
to Jackson Hospital) benefits United
Way of Miami-Dade with a $25
donation from each vendor and
features Greek, Latin and American
Food, fruit drinks, Artisan baked
goods and kettle corn ..
9 a.m. Aug. 16. Civic Center
Metrorail Station. 1501 NW 12th Ave.,
Allapattah. free. 30S·531-0038.
themarketcompany.org.
Upper Eastside/Lemon City Farm-
ers' Market: This Farmer's Market
will feature live music, food demon·
strations, nutrition education work-
shops, and local vendors selling a
variety of items,including candles,
shea butter, oils, prepared foods, and
plants ..
9 a.m, Aug. 18. Legion Park Green
Market, 6600 Biscayne Blvd .. Upper
East Side. 786-427-4698.
www.urbanoasisproject.org.
FOOD & DINING
Baking Courses: Cakes: A three·
week, hands-on caking making
course to cover baking, fondant and
decorating.
$150.
9 a.m. Aug. 18. Miami Culinary
Institute, 415 NE Second Ave., Down·
town Miami. $150.
www.miamidadeculinary.com.
HIGHBAR's NEW Sunset Happy
Hour: NEW: Sunset Happy Hour at
HIGHBAR
Enjoy happy hour at HIGHBAR
seven days a week from
7·9p.m. The happy hour will
feature a cocktail from its "7 Deadly
Sins" menu, each cocktail will be $7 ..
7 p.m. Aug. 12. HighBar @ The
Dream Hotel, 1111 Collins Ave., Miami
Beach. $7 per drink.
www.highbarmiami.com.
Happy Hour: Enjoy Happy Hour and
Sunset's HighBar all week ..
7 p.m. Aug. 12. HighBar @ The
Dream Hotel, 1111 Collins Ave., Miami
Beach. $7 per drink.
www.highbarmiami.com.
Ice Cream 101: Come join our chef
and learn how to stay cool during
these hot summer months. This
two-hour course will explore the art
of ice cream making and atter that
you'll be able to create the tasty
treat yourself ..
6 p.m. Aug. 13. Miami Culinary
Institute, 415 NE Second Ave., Down-
town Miami. $50.
www.miamidadeculinary.com.
HEALTH
Aikido Class: Aikido self defense
class for teenagers and adults ..
8 p.m. Aug. 13. Tumblebees
Gymnastics at the Turnpike, 6950
SW 117th Ave ... $85 per month.
305-632-307S.
www.aikikaiinternational-inc.com.
Free Back to School Vaccination:
Commissioner Rebeca Sosa is
offering free vaccinations for chil-
dren ages 2 months old to 18 years
old. Parents and legal guardians
must bring their child's immunization
records and arrive to the event no
later than 1 p ..
10 a.m. Aug. 16. Miami Springs
Recreation Center, 1401 Westward
Dr., Miami Springs. Free.
305-267-6377.
www.miamidade.gov/district6.
Mama Baby Breastleeding Support
Group: La Leche League of Miami
Dade offers a breastfeeding support
group.
Mama + Baby Meeting
2nd Tuesday of each month at
lOam
Kendall Presbyterian Church
Outer meeting room
8485 SW 112 St
Miami 33156
Segundo martes del mes a las
lOam.
10 a.m. Aug. 14. Kendall Presbyte-
rian Church, 8485 SW 112th St. ..
FREE. www.lllmiamidade.org.
Project THRIVE: The University of
Miami Department of Psychology is
seeking male volunteers to partici-
pate in a research study related to
sexual abuse and adult sexual health.
If you are a man who is has sex with
men (MSM) and are HIV negative,
please contact our study, THRIVE, for
more information ..
9 a.m. Aug. 13. University of Miami,
5501 San Amaro Drive Coral Gables
33146, University of Miami,Riviera.
Free. 305-284-5299.
www.psy.miami.edu/community
service/thrive.phtml.
Relkl Healing Circle: This ancient
Japanese art of energy healing is
designed to balance your universal
life energy (your Qi or Chi) and
release stress ..
6:30 p.m. Aug. 15. Sage Lifestyles,
211 NE 98th St., Miami Shores. $10.
305-456·5337 address 211 ne 98 sl,
miami shores 33138.
www.sagelifestyles.com.
Relkl Spiritual Energy Healing
Clrde: This is a great Reiki circle for
practitioners as well as newcomers.
Following a brief introduction and a
gUided meditation those in atten-
dance will get to receive short
healing sessions from Reiki
practitioners ..
7 p.m. Aug. 17. Five Sisters .. A
Spiritual Journey, 8805 SW 132nd
St ... O. 305-259-0013.
www.phinsights.com/reiki1.html.
Walk With Ease: Adults over 55 are
invited to participate in the FREE
Walk with Ease program at many
Miami-Dade County Parks and
municipal parks. Participants walk
three days a week for 30 minutes a
day for six weeks ..
12 p.m. Aug. 15. One Biscayne
Tower, 2 S. Biscayne Blvd. Suite
3400, Downtown Miami. Free.
305-455-0338.
www.healthyagingsf.org.
Yoga with Stacey: Hatha Yoga for
body, mind and spirit. Multi-level and
beginners welcome. The class begins
MiamiHerald.com I THE MIAMI HERALD
NEIGHBORS CALENDAR
with seated warm-ups, standing
stretches, vinyasa, visualization,
guided relaxation and meditation.
10 a.m. Aug. 15. Unitarian Univer-
salist Congregation of Miami, 7701
SW 76th Ave" Glenvar Heights. $12.
305-274-8029. www.facebook.com/
pages/Miami-FL/Yoga-with-Stacey/
13676914588S?ref=ts.
HEALTH & BEAUTY
Girls Night Out: Massage Envvy
Mixer: Come out and enjoy a night
of pampering ... on usl
Massage Envy Spa South Beach
would like to cordially invite you to
our first ever Mixer. This is to (re)
introduce you to our spa and to
allow you to indulge in a night of
FREE mini facials and massages ..
8:30 p.m. Aug. 18. Massage Envy
Spa South BeaCh, 76717th St., Miami
Beach. FREE. 305-370-3689.
www.memixer.eventbrite.com.
Meet Repechage's Esthetician of the
Year Caleb McGrew: Join Spa e to
Celebrate Caleb McGrew Winning the
2012 Repechage President's Award
for Esthetician of the Year!
Complimentary Skin Consultations
and Free Gift to Attendees with
Caleb McGrew will be available as
well as 2S% off when you book a
treatment with Caleb at the event.
10 a.m. Aug. 12. Spa e, 630 Lincoln
Road Mall, Miami Beach.
www.spaemiami.com.
Miami Plastic Surgery InJectables
Week: Beginning on Monday, August
13, through Friday, August 17, Miami
Plastic Surgery will be throwing an
Injectables Party. All attendees will
receive $50 off treatment while
those that bring in new patients will
receive $100 off as will their guests ..
9 a.m. Aug. 13. Miami Plastic
Surgery, 8940 N. Kendall Dr ...
305-595-2969.
www.miamiplasticsurgery.com.
LIBRARIES
Cultural Cup Tour with Centro
Cultural Brasil celebrates Porto
Alegre!: Discover Porto Alegre a
melting pot of diverse cultures, bam
from a mix of European and Asian
immigrants, native Brazilians and
others. Enjoy a typical gaucho dance
and some visual media ..
11 a.m. Aug. 18. Key Biscayne
Branch Library, 299 Crandon Blvd.,
Key Biscayne. Free. 305-361-6134.
www.mdpls.org.
MUSEUMS
Into the Deep -Real Submarine
Viewing: Visitors and the Museum's
2012 Summer Camp participants
from sessions 7 and 8 will have the
opportunity to view a real submarine
on exhibit at the Museum through
August 12. Provided through a
partnership with the OceanGate
Foundation by special arrangement
withU ..
10 a.m. Aug. 12. Miami Science
Museum, 3280 S. Miami Ave., Cratts.
Free for Museum visitors with
Museum Admission. 305 .. 646-4200.
www.miamisci.org.
MUSIC
National Pool Party #3 • Bacardl &
Grey Goose: National Hotel with
Bacardi & Grey Goose invite you to
the National Pool Party #3.
3 p.m. Aug. 12. National Hotel
Miami Bech, 1677 Collins Ave., Miami
Beach. No Cover. 305·532-2311.
www.facebook.com/events/
211835605609957/.
iguanas live among the mangrove
fringes ..
Featuring our resident OJ Bryan
Peroni & Special Guest ...
1:30 p.m. Aug. 18. Crandon Park
Visitors and Biscayne Nature Center,
6767 Crandon Blvd., Key Biscayne.
$44.
Cocktails Specials: $8
Summer Punch: Made with Grey
Goose Cherry Nair
Bacardi Punch: Made with Bacardi
Rum
Bottle service in our poolside
cabanas
No Covers
Good TImes
NATURE
Crandon Park's Bayside Canoe
Adventure: This naturalist .. led canoe
trip explores the forgotten and
secret part of Key Biscayne. Explore
this peaceful water wilderness where
great blue herons, spotted eagle
rays, upside down jellyfish and green
Crandon Park's Kayak and Snorkel
Adventure: Kayak along the beauti-
ful shallow waters of Key Biscayne
and explore the protected areas of
Bear Cut Preserve where land meets
the sea. Join LIS as we discover the
Sunday will never be the same. • TURN TO CALENDAR, 37SE
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given thatthe City Commission ofthe City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission meeting scheduled for
Tuesday. August 21, 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
( An Ondinance amending Section 20-3.6(J)(1)(c) of the City's Land Development I.. Code, swimming pool rear-yand setback requirements.
An Ordinance amending the Land Development Code, Section 20 .. 6.1 (C)(I)(a)
and (b) and (3)(b) concerning membership and powers and duties of the
Environmental Review and Preservation Boand.
An Ondinance amending South Miami Land Development Code, article VI,
section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings
for the review of or appeals from the decisions of the Environmental Review and
Preservation Board.
A Resolution to consider the adoption of a development agreement proposed
by Metro South Senior Apartments Umited Partnership, pursuant to sec.70.51
and 163.3225, Fla. Stat., for the construction of commercial space and 91
affondable senior apartments at 6101 Sunset Drive, South Miami, Florida, which
will require concessions, including parking and height variances and which will
either be rejected, accepted or accepted with amendments.
An Ordinance of the City of South Miami, Florida, abandoning a portion of the
alley that was commonly known as SW 63'" Terrace Alley (the alley, except for the
portion in question, was abandoned in 1992), and for the reversion of title of said
property to the abutting property owner.
An Ondinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category from
TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue
(Larkin Community HospitaQ -Folio #09-4025-027 .. 0010.
An Ondinance relating to a request to amend the official zoning map of the
City of South Miami land development code by changing the zoning use
district from "TODD _ MU-5" mixed use 5 zoning district to "W hospital
zoning district for property located 7031 SW 62 Avenue (Larkin Community
HospttaQ -Folio #09 .. 4025-027-0010.
ALL interested parties are invited to attend and will be heand.
For further information, please contact the City Clerk's Office at: 305 .. 663-6340.
)
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal
any decision made by this Board, Agency or Commission with respect to any matter consid€!: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 of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 21, 2012
in the XXX X Court,
was published in said newspaper in the issues of
08/10/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re ,commls' n or refund for the purpose
of securin s advertisement fo publication in the said
ape
10 day of AUGUST ,A.D. 2012
(SEAL)
MARIA MESA personally known to me
" . ",t-f'tY P(,~ . Notary Public State of Florida I :>t" ~ Cheryl H Marmer
("? r~. • p My Commission EE 189528
). ~on\.O" Expires 07118/2016 ~~~~~~~~~~