Ord. No. 27-01-1758ORDINANCE NO.27-01-1758
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITYOF SOUTH MIAMI,FLORIDA RELATING TO AN
AMENDMENT TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY REVISING SECTION 20-3.6(H)(2)IN
ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND
VINES USED AS FENCING,SCREENING OR LANDSCAPING;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES
IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS The City's Land Development Code (Section 20-3(H)(2)sets forth height
limitations on fences,walls,gates,and trellises in residential areas,which regulations are also
applicable to "hedges,vines and other natural vegetation";and
WHEREAS property owners who have hedges,ornamental vegetation,or landscaping
exceeding these maximum heights are subject to code enforcement action including fines and
penalties;and
WHEREAS,it is appropriate for the height limitations on "natural"vegetation to be
reconsidered in the light of the importance of landscaping in environmental issues and in the
beautification of neighborhoods;and
WHEREAS the use of vegetation or landscaping as a screening mechanism to block
views of cars,boats,satellite dishes should be encouraged as an alternative to a wall or fence;
and
WHEREAS,the City Commission,at its meeting of July 24,2001,adopted Resolution
No 106-01-11254 directing the preparation of an amendment to the text of the City of South
Miami Land Development Code,which would adjust the height ofhedges in the front,side and
rear yards of property,and further directing that the amendment should be forwarded to the
Planning Board for review and recommendation;and
WHEREAS,a public hearing regarding the proposed amendment was held by the
Planning Board on August 14,2001,2001,at which time the Planning Board voted 6 ayes and 1
nay to recommend approval of the proposed amendment to the City Commission;and
WHEREAS,the City Commission desires to accept the recommendations ofthe Planning
Boardandenacttheaforesaid 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(H),entitled,"Physical Barriers"of the South Miami Land
Development Code is hereby amended to read as follows:
20-3.6 Supplementalregulations.
(H)Physical Barriers.
***
(2)Heightlimit.
Residential:
***
(b)In required yards not adjacent to aright-of-way,fences,walls,and trellises <h»4
hedges shall not exceed six (6)feet in height above grade.
(c)In required yards adjacent to aright-of-way,fences,walls,trellises,and gates and
hedges shall not exceed four (4)feet in height above grade.Fences and walls may be increased
by two (2)feet in height above grade,and gates may be increased by three (3)feet above grade
provided that the upper two (2)feet of the fence or wall surface and the upper three (3)feet ol
the gate between vertical supports is designed as auniform pattern with aminimum of sixty (60)
percent open area.
(iii)Trellises and hedges cannot exceed four (4)feet in height along rights-of-way.
Freestanding trellises not located along property lines and not installed to create aphysical
barrier may extend up to six (6)feet in height above grade in any required yard.Ornamental
Tree species included in the Official Tree List of the City of South Miami shall not be considered
asphysical barriers.
(iv)Vines,as defined under Section 20-2.3 may be permitted on any physical barrier,
..,,,..^A__•„/*x •fe€t=jB.|i<^+"1"""fi-nn*nrnnnrtv linnf with
way;
_Thereisnoheight
limitation'forvines andhedges,but thev must be maintained and trimmed regularly.All
hedges and vines located along Dropertv lines abutting a right-of-way,must be in
conformity withthe triangle of visibility regulations as set forth in Section 20-3.6 (G)
Section 2.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance arehereby 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 take effect immediately at the time of its passage.
PASSED AND ADOPTED this 16th day of October >2001
ATTEST:
CITY CLERK
J,
1st Reading-10/2/01
2nd Reading-10/16/01
^_
READAND APPROVED ASTOFORM:
/<£<£yr//*t
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
MayorRobaina:
Vice Mayor Felieu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
NOTE:New wording underlined;wording to be removed indicated by strike-through.
>J4&J
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
All-America City
\l\Win
2001
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,ViceMayor&
and City Commission
From:Charles D.Scurr /)
City Manager /b
Date:October 16,2001
Request:
RE:Agenda Item #_
LDC Text Amendment
Height of Hedges
zs.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYOF SOUTH MIAMI,FLORIDA RELATING TO AN AMENDMENT
TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
REVISING SECTION 20-3.6(H)(2)IN ORDER TO ELIMINATE HEIGHT
LIMITS FOR HEDGES AND VINES USED AS FENCING,SCREENING
OR LANDSCAPING;.PROVIDING FOR SEVERABILITY;PROVIDING
FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND &ANALYSIS
The City's Land Development Code (Section 20-3(H)(2))sets forth height limitations on fences,
walls gates,and trellises in residential areas.These regulations limit the height to 4 feet along
property lines and in required yard spaces if it is facing a street.Amaximum of 6 feet in height is
allowed in required yard spaces that do not face a street.These same regulations are also
applicable to "hedges and vines".Property owners who have hedges,ornamental vegetation,or
landscaping exceeding these maximum heights are subject to code enforcement action including
finesandpenalties.
It may be appropriate for the height limitations on "natural"vegetation to be reconsidered in the
light of the importance of landscaping in environmental issues and in the beautification of
neighborhoods.In addition,the use of vegetation or landscaping as a screening mechanism (to
block views of cars,boats,satellite dishes)should be encouraged as an alternative to a wall or
fence.
SPECIFIC AMENDMENT
A draft ordinance,amending Section 20-3.6(H)of the LDC,was prepared by Planning
Department staff,and reviewed by the Planning Board.The proposal would have the following
results:
LDC Amendment
Height ofhedges
October 16,2001
Page 2
1)By removing the word "hedges"from the restriction on physical barriers over four (4)or six
(6)feet in height,as applicable,hedges used as physical barriers along side and rear property
linescould exceed thenthecurrent height limit;
2)Repeal of the existing prohibition on ornamental vegetation extending over six (6)feet in
height above grade in any required yard;
3)Hedges and vines used as a physical barrier on front property lines would also be permitted
to exceed the current four (4)feet height limit;
4)No height limit would be imposed for hedges and vines on front,side and rear property lines,
but they would still have to be properly trimmed and maintained.
Planning Department staff believes that natural,growing plants form a more desirable physical
barrier than wood fences or concrete walls.The Department recommends that the current
regulations for fences and walls be retained,as excessively high wood or concrete barriers have
proven to be aesthetically damaging to surrounding neighborhoods.However,high hedges of
the type envisaged by the proposed ordinance,do not produce the same negative effect as
oversized walls or fences.To the contrary,attractively manicured hedges can produce an
extremely desirable effect on the landscape and the surrounding neighborhood,and should be
permitted.
PLANNING BOARD RECOMMENDATION
The Planning Board felt that it was important that the front property line should not be
overwhelmed by high hedges which would completely obstruct visibility of the house itself.It
was felt that some level of visibility from the front property line is desirable,both from an
neighborhood aesthetic perspective,and from apublic safety standpoint.Therefore,the Planning
Board proposed that the regulations allow hedges only up to six (6)feet high on the front
property frontage with an exception for ornamental entranceways in the hedges,which could be
higher.
The Planning Board at its August 14,2001 meeting adopted a motion recommending approval of
the proposed amendment.The motion to approve was made by Mr.Comendeiro and seconded by
Mr.Illas.The motion was adopted by a vote of6 ayes and 1 nay (Mr.Liddy).
CITY COMISSION ACTION
The City Commission,during its review of the proposed ordinance at its meeting on September
18 deferred the first reading of this item to October 2,2001.The Commission was concerned
about the six foot height limitation for hedges on front property lines,and suggested revisions
that would remove the limitation on the height of hedges.Further study by Planning Department
staff indicates that several local cities (Miami Beach,Key Biscayne,Coral Gables)permit
unlimited hedges.Therefore,the attached draft ordinance has been amended to reflect the
concern,and hedges of any height would be permitted throughout.
LDC Amendment
Height ofhedges
October 16,2001
Page 3
The City Commission at its October 2,2001 meeting approved the ordinance,as revised,on first
readingbyavote of 5-0.
RECOMMENDATION
Itis recommended that the proposed ordinance,as revised,be approved on second reading.
Attachments:
DraftOrdinance
City Commission Resolution No.106-01 ^-11254 (authorizing initiation ofamendment)
LDC Sections 20-3.6(H)
Public Notices
Planning Board minutes 8-14-01
CS/RGL/SAY^T^
D:\Comm Items\2001\10-16-01\LDC Amend Hedges Report.doc
RESOLUTION NO._106 01 11254
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,INITIATING AN AMENDMENT TO THE
LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR
HEDGES AND VINES USED AS FENCING,SCREENING OR
LANDSCAPING;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,TheCity's Land Development Code (Section 20-3(H)(2))sets forth
height limitations on fences,walls,gates,and trellises in residential areas,which regulations
arealso applicable to "hedges,vines andother natural vegetation";and
WHEREAS,propertyownerswhohavehedges,ornamentalvegetation,or
landscapingexceedingthese maximum heights aresubjecttocodeenforcementaction
includingfinesandpenalties;and
WHEREAS,itis appropriate fortheheight limitations on"natural"vegetation tobe
reconsidered inthelight of the importance of landscaping inenvironmentalissuesandin the
beautification of neighborhoods;and
WHEREAS,theuse of vegetationorlandscapingasa screening mechanismtoblockviews
of cars,boats,satellite dishesshouldbeencouragedasanalternativetoawallorfence;and
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OF THE
CITY OFSOUTH MIAMI,FLORIDA:
Section1.AdraftordinanceamendingtheLDCpertainingtothepermittedheightofhedges,vines
andvegetationinresidentialareasshallbe prepared byCity staff andbroughtforwardtothe
Planning Boardandthe City Commission forreviewand consideration..
Section2.This resolution shalltakeeffect immediately uponapproval.
PASSED AND ADOPTED this 24,h day of July,2001
ATTEST:APPROVED:
/V^Z^^y/tftg
CITY CLERK //MAYOR
c
READ AND APPROVED AS TO FORM:COMMISSION VOTE
Mayor Robaina:
Vice-Mayor Feliu:Yea
^,Commissioner Russell-
^/(5>-(?zr ''£>/*-Commissioner Bethel
rADXICV r /-*::\\i:
5-0
Yea
YsaCITYATTORNEYACommissionerWiscombe:yea
20-3.6 SOUTH MIAMI LAND DEVELOPMENTCODE
(H)Physical Barriers.
(1)All fences,walls,trellisesand hedges may be erected onor along a property line,but
shall notextendinto official public rights-of-way orprojectonor over adjacent prop
erties.
(2)Height limit.
Residential:
(a)Chainlink fences will notbepermittedonrequired yards adjacent toa
right-of-way.
(b)Inrequiredyardsnot adjacent toa right-of-way,fences,wails,trellises and
hedges shallnot exceed six (6)feet inheight above grade.
(c)Inrequiredyards adjacent toa right-of-way,fences,walls,trellises,gates and
hedges shallnot exceed four (4)feet inheight above grade.Fences and walls
may be increased by two (2)feet inheight above grade,and gates may be
increased bythree (3)feet above grade,provided that the upper two (2)feet
of the fenceorwallsurfaceandthe upper three (3)feetofthegatebetween
vertical supports is designed asa uniform patternwitha minimum ofsixty
(60)percent open area.
(i)Wooden fences exceeding four (4)feetinheight along rights-of-way shall
provide for a minimum ofsixty (60)percent open area for all portions
betweenfour(4)andsix(6)feet in height above grade.Thegraphic
•*Wooden Fence Types"includes an example of both an unacceptable and
acceptable prototype.
(ii)Masonry walls exceeding four (4)feet in height along rights-of-way shall
provide a minimum of sixty (60)percent open area for all portions be
tweenfour (4)andsix (6)feetinheight above grade.No portion ofany
solid masonry wall above four (4)feet in height above grade along rights-
of-way shall exceed fourteen (14)inches in width.This isto provide for
vertical support (per Section 20-3.6(H)(2)(c))of screening material.The
remaining balance ofopen areamaybe screened by metal work,wooden
latticeoranyother nonmasonry screeningmaterial.A minimum ofsixty
(60)percent open area shall be maintained.The graphic "Masonry Wall
Types''includes an example ofbothan unacceptable andan acceptable
prototype.
Supp.No.i 55
(3)
(ui)Trellises and hedges cannot exceed four (4)feet in height along rights-
of-way.Freestanding trellises not located along property lines and not
installed to create a physical barrier may extend up to six (6)feet in
height above grade in any required yard.Ornamental vegetation and
landscaping not located along property lines and not installed to create
a physical barrier may extend up to six (6)feet in height above grade in
any required yard.Tree species included inthe Official IVee Listofthe
City of South Miami shall not be considered as physical barriers.
(iv)Vines,as defined under Section 20-2.3 may be permitted on any physical
barrier,but in no case shall a vine be allowed to create a one-hundred-
percent opacity situation for that portion ofa physical barrier which is
greater than four i4)feet in height above grade along anv nVhf r™r shaU vines be PeM t0 excefd six (6;s XLfr*
(v)Light fixtures are permitted to extend up to sixteen (161 in*u
Non-residential:
<d>«r^s;;ars=r.f'""™M--"»
extension of sixteen (16)inches bearing amax^l j£,T *miUimUm '°P
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,August 14,2001
City Commission Chambers
7:30 P.M.
I.Callto Order and thePledge of Allegiance totheFlag
Action:The meeting was called toorderat7:37P.M.
Action:The Pledge of Allegiance wasrecitedin unison.
II.Roll Call.
Action:Mr.Morton performed rollcall.Ms.Brenda J.Yateswas swom inas a*new
Planning Board member.
Board members present constituting a quorum:Mr.Liddy,Mr.Mann,Mr.Illas,
Mr.Morton,Ms.Gibson,Mr.Juan Comendeiro and Ms.Yates.
City staff present:Subrata Basu (ACM),Richard G.Lorber (Planning Director),Sandy
Youkilis,(Planning Consultant),Brian Edney (Video Technician)andMariaM.Menendez
(Board Secretary).
III.Public Hearings
PB-01-012
APPLICANT:City of SouthMiami
REQUEST:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITYOF
SOUTHMIAMI,FLORIDA RELATINGTOAREQUESTTOAMENDTHECITYOF
SOUTHMIAMILANDDEVELOPMENTCODE,BYREVISINGSECTION20-2.3
ENTITLED "DEFINITIONS"ANDSECTION 20-3.4 (20)ENTITLED "MOBILE
AUTOMOBILE WASH/WAX SERVICE"IN ORDER TO PROVIDE FOR
DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE
CAR WASH ACTIVITIES;PROVIDING FOR SEVERABILITY;PROVIDINGFOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
Action:Mr.Morton readthe request into the record and Mr.Lorber presented theitem
noting that the adoption of the proposed ordinance would allow the existing permitted use
tobe located inseveralofthe office and commercial zoning districts,andintheSR
Specialty Retail "Hometown"zoning district.
Planning Board Meeting
August 14,2001
Speakers(Residents):David Tucker,Sr.,Douglas Adams and George David.
The Board and staff discussed the proposed ordinance.Several speakers expressed their
opinion inoppositionto certain aspects of the proposed ordinance.
Several concerns were raised by the Board and the speakers regarding the proposed
ordinance,mainlyrelatingtothe impact of the mobile operation.Thefollowing are some
of theexpressedconcerns:runningsoapywaterout of theestablishmentsanddownthe
streets;theimpact on stormwaterfacilitiesresultingina financial burdenon residents and
business owners of the City;the distance from an adjacent residential zoning district,(100-
200 ft);theoperationalhours and days;introduction of transient populationintothe
neighborhood;the noise originated by the air compressors;the operation possibly
becoming an accessory to small businesses;ability of theCityto enforce the ordinance;
control over the different vendors in each establishment.
The Board questioned whetherthe ordinance couldself-destructafterone year.Staff
explainedthatan ordinance cannot"sunset",however,reconsideration of that section could
be accomplished through proper zoning amendment procedure.
The Board and staff discussed possible amendments tothe proposed ordinance (with
regard tothe mobile vendors),which included:hours of operation from 9:00 AMto 5:00
PM;twice aweek including Saturdays;Sundays prohibited;a clause to clarify thatthe
provisions of this ordinance wouldnot apply to residential areas,however,car wash
operations onlybe for the benefit of the occupant of the property.
Motion:Mr.Mortonmovedtodeferthe request in order for staffto rework onthe
proposed ordinance as per the discussions and suggestions expressed during this meeting.
Mr.Comendeiro seconded the motion.
Vote:Ayes 7 Nays 0
PB-01-013
APPLICANT:Corporate Property Services (McDonald's Corporation)
REQUEST:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSIONOFTHE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST TO AMEND THECITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED
SIGN SCHEDULE CONTAINED WITHIN SECTION 20-4.3(I)(5)IN ORDER TO
INCREASE THE MAXIMUM ALLOWABLE SIZEFORAFREE STANDING MENU
BOARD;PROVIDING FOR SEVERABILITY;PROVIDING FORORDINANCESIN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
Action:Mr.Illas read the request into the record and staff presented the item,explaining
the purpose of theproposedordinanceisto increase the maximum allowablesize of free
standing menu board signs from 35 sq.ft.to 44 sq.Ft.Staff noted that the proposed
Planning Board Meeting
August 14,200 i
changes will have a citywide impact.Staff clarified that the existing 7.5 feet in height
wouldnotchange.
Applicant present:David J.Felton,representing McDonald's Corporation.
Speaker:David Tucker,Sr.and Douglas Adams.
The Board and staff discussed the proposed ordinance.The speakers expressed concern as
to whether the increase in the size of the sign will result in a similar increase in the volume
of the speakers.The speakers also questioned the possibility of additional increase in the
size of the sign in the future.The applicant explained the importance of this ordinance
which will allow them to introduce an improved type of sign bearing all the advantages of
the latest technology in the field.The applicant also stated that the new sign will not have
the volume of the speakers increased.The applicant noted that the new sign will greatly
improve communication in processing the drive-thru orders,reducing the need for the use
of the loud speaker,and making the entire process much more effective.
Motion:Mr.Mann moved for approval of the request and Ms.Yates seconded the
motion.
Vote:Ayes 5 Nays 2 (Mr.Mann and Mr.Illas)
PB-01-014
APPLICANT:1909 Cafe,Inc.
REQUEST:RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST PURSUANT TO
SECTION 20-3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909
CAFE"IN THE "GR"GENERAL RETAIL ZONING USE DISTRICT,
SPECIFICALLY LOCATED AT 5714 BIRDROAD DRIVE.
Action:Mr.Mann read the request into the record and staff presented the item relating to
a request pursuant to Section 20-3.4(B)(4)(b)of the Land Development Code for a Special
Use approval to locate a general restaurant M1909 Cafe"in the MGR"General Retail Zoning
Use District.The above-referenced Section of the LDC provides that special uses must be
approved by the City Commission after a public hearing and receipt ofa recommendation
fromthePlanning Board.
Applicant present:Mario Trevilla,1909 Cafe,Inc.
The Board and staff discussed the proposed application.Among the issues discussed were
parking spaces and trash collection.The applicant emphasized that the restaurant strictly
serves cold sandwiches with no cooking involved,therefore the trash generated from the
establishment mainly consists of disposable dinnerware.
Planning Board Meeting *
August 14,2001
Motion:Mr.Mann moved approval of the request with the following conditions (1)that
the trash be removed through the rear door and collected as frequently as necessary*(2)
that the trash from the dumpsters be picked up twice aweek;and,(3)that no overflowing
dumpsters willbe permitted.Ms.Gibson seconded the motion.
Vote:Ayes7Nays0
PB-01-017
APPLICANT :City of SouthMiami
REQUEST:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-2 3
ENTITLED "PERMITTED USE SCHEDULE SECTION 20-8.5 ENTITLED
"COMMERCIAL USE",AND SECTION 20-8.7 ENTITLED "LIGHT INDUSTRIAL
USE",IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW
THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE
"TODD (LI-4)"TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT
INDUSTRIAL-4)ZONING DISTRICT;PROVIDING FOR SEVERABILITY*
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
Action:Mr.Morton read the request into the record and staff presented the item to amend
the City of South Miami Land Development Code (LDC)in order to make technical
corrections that would allow the continuation of existing permitted industrial uses in the
"TODD-(LI-4)M Transit Oriented Development District (Light Industrial-4).With the
adoption of an amendment to the LDC in 1997 which established a new zoning district
(TODD),a number of light industrial uses were eliminated from locating in any zoning
district within the City.Staff noted that the City Commission by Resolution No.105-01-
11253 dated July 24,2001,requested the Planning Board to consider amending the LDC in
order to reinstate the light industrial uses as permitted uses in the TODD (LI-4)zoning
district.Also,a subcommittee of the City's Zoning Task Force has also endorsed the same
recommendationasproposedbystaff.
Speaker:David Tucker,Sr.
The Board and staff discussed the proposed ordinance.The Board expressed concerns
regarding some of the 13 uses (listed below)recommended for reinstatement,specifically
those that use chemicals.
Below is a list of 13 uses which are listed in the City's Permitted Use Schedule,however
the schedule shows that they can not be located in any zoning district.
Automobile rental agency Radio and television repair shop
Automobile repair and body shop Re-upholstery,and furniture repair .services
Automobile upholstery and top shop Taxidermist
Planning Board Meeting
August 14,2001
Automobile washing/detailing operations
Billiardparlor
Carpetcleaningservice
Lawn maintenance services
Pest control services
Used merchandise Store:vehicle parts
Contractorplantandstorage
Motion:Mr.Comendeiro moved approval of the request.Mr.Mannsecondedthe
motion.Aftersome discussion onthemotion,Mr.Mann movedtowithdrawhis second to
the motion.
Mr.Illas requested an amendment to include the following as Special Uses:(1)
Taxidermist;and (2)Pest control services.Mr.Comendeiro did not accept the
amendment.Mr.Morton then seconded the original motion to approve thestaffs
recommendation.
Vote:Ayes 4 Nays (Mr.Liddy,Mr.MannandMr.Illas).
PB-01-018
APPLICANT:City of SouthMiami
REQUEST:AN ORDINANCE OF THEMAYORANDCITY COMMISSION OFTHECITY OF
SOUTH MIAMI,FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF
SOUTH MIAMI'LAND DEVELOPMENT CODE,BY REVISING SECTION20-
3.6(H)(2)ENTITLED "PHYSICAL BARRIERS-HEIGHT LIMITS"TOPERMIT
ADDITIONAL HEIGHT FOR HEDGES ANDVINES USED AS LANDSCAPING;
PROVIDING FOR SEVERABILITY;PROVIDINGFOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
Action:Mr.Liddy read the request into the record and staff presented the item,which
will eliminate the height limit of the hedges surrounding the property line;and allowing for
ornamental vegetation to extend over six (6)feet in height above grade in any required
yard.
The Board and staff discussed the proposed ordinance.The Board wasnotin favor of the
idea of allowing the hedges to grow to an unlimited height,specifically along the front line
of the property.The Board felt that the overgrown hedges would not be aesthetically
pleasing,and would promote isolation among the neighbors"
Speaker:David Tucker,Sr.
Motion:Mr.Comendeiro moved approval of the ordinance with the following changes:
(1)limit the height of hedges to six feet along the full (100%)of the front line of the
property,with an exception for an ornamental entranceway;and,(2)no limit on the height
of the hedges for the rear and the sides of the property.Mr.Illas seconded the motion.
Vote:Ayes 6 Nays1(Mr.Liddy)
Planning Board Meeting
August 14,2001
V.Approval of Minutes
Action:
A.The Board duly voted on and approved the minutes of July 10,2001,
Vote:Ayes 7 Nays 0
VI.Discussion Items
.«C-;vC,4.
The Chairman announced that the next Planning Board meetings are scheduled for August
28 and September 11th,2001.Staff noted that the September 11th meeting might need to
be^cancelled due to a conflict with the budget hearing.It was also noted that September
25 is the tentative date for the joint Zoning Task Force workshop with the Planning
Board,Environmental Review and Preservation Board,Historic Preservation Board,and
including members of the City Commission.
VII.Adjournment
Action:There being no further business before the Board,Mr.Morton adjourned the
meetingatapproximately 10:25 PM.
(ii
RtxL/rnmm
K:\PBVPB Minutes\2001 Minutes\MINS 08-14-01.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily a«coot Saturday.Sunday and
Legal Holidays
Miami.MiaTi'-Dade County.Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS who on oath says that she is the
VICE PRESIDENT.Legal Notices ol the Miami Daily Business
Review f/k.'a Miami Review,a daily (except Saturday.Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;thatthe attached copy of advertisement,
beingaLegal Advertisement ofNoticeinthe matter of
CITY OF SOUTH MIAMI-PUBLIC HEARING 10/16/01
ORD.REVISING SECTION 20-3.6.ETC.
in the XXXX Court.
was published in said newspaper in the issues of
10/05/2001
Affiant further says that the said MiamiDaily Business
Review is a newspaper published atMiamiin said Miami-Dade
County.Florida and thatthe 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
officeinMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding the firs!publication of the
attached cpp«of advertisement:and affiant further says that she
has neytner psiiti nor promiseo any person,firm or corpora;ion
any discount rebate,commission or refund for the purpose
ol sacuring this advertisement forpublicationinthesaid
newt
$k*L:MARIAI.M6SA
(SEAL)J fj/'As ':-:"\MY COMMISSION t CC 865G40
J \i-.-%-/:.;EXPIRES:Man*».2004
SOOKIE WILLIAMS perfojffiyfoovttrftr-rag'•-'•'"•-v'•""""">"
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission o!the City of
South Miami,Florida will conduct a Public Hearing during its regular City
Commission meeting Tuesday.October 16,2001 beginning at 7:30 p.m.,
in the City Commission Chambers,6130 Sunset Drive,toconsider thefol
lowing described ardinance(s):
[*AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
X OFTHE CITY OFSOUTH MIAMI,FLORIDA RELATING TO AN
3 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND OEVEL-1 OPMFNT CODE BY REVISING SECTION 20-3.6(H)(2)IN OR-
I DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND
I VINES USED AS FENCING,SCREENING OR LANDSCAPING;
L PROVIDING FOR SEVERABILITY.ORDINANCES INCON
FLICT.ANDANEFFECTIVEDATE
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA.RELATING TO
ELECTIONS;AMENDING ARTICLE 9OFTHECODEOFOR
DINANCES.ENTITLED "ELECTIONS-TOCREATESECTION
9-12,ENTITLED "DISCLOSURE OF PRIOR FELONY CONVIC
TIONS OR PLEAS OF GUILTY AND NOCONTEST'.REQUIR
ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND
REPORTS;PROVIDING EXCEPTIONS;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT.AND ANEF
FECTIVE DATE
AMORDINANCEOFTHEMAYORANDCITYCOMMISSION
OFTHECITYOFSOUTH MIAMI,FLORIDA.RELATING TO
BOARDSAND COMMITTEES.AMENDING THECODEOF
ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE
SEC 2-26.8.ENTITLED "BUDGET REVIEW COMMITTEE-;
PROVIDINGFORTHEDUTIESANDRESPONSIBILITIESOF
THE COMMITTEE;PROVIDING FOR SEVERABILITY;ORDI
NANCESINCONFLICT.ANDANEFFECTIVEDATE.
ANORDINANCEOFTHEMAYORANDTHECITYCOMMIS
SIONOFTHE CITY OFSOUTH MIAMI.FLORIDA AMENDING
THESOUTH MIAMI PENSIONPLANAND THESOUTH MIAMI
POLICEOFFICERSRETIREMENTTRUSTFUNDTOCON
FORMWITHCHAPTER 185,FLORIDASTATUTES;AMEND
INGSECTION16-12OFTHECITYCODETOREVISETHE
DEFINITIONOFFINALAVERAGECOMPENSATIONFORPO
LICEOFFICERS;AMENDINGSECTION16-14(A)TOPRO
VIDEFORNORMALRETIREMENTFORPOLICEAFTERTHE
COMPLETION OF TWENTY-FIVE YEARS OF SERVICE RE
GARDLESSOFAGE;AMENDING SECTION 16-14(C)TORE
VISETHEEARLY RETIREMENT PENALTYFOR POLICE TO
3%PERYEAR;CREATINGSECTION 16-14(F)TOPROVIDE
FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BEN
EFITS.AMENDING SECTION16-16(C)TOPROVIDEFOR
THE DESIGNATION OFMULTIPLE BENEFICIARIES;AMEND
ING SECTION 16-19(A)TO PROVIDE THAT CITY CONTRIBU
TIONS SHALLBE DEPOSITED ATLEAST QUARTERLY,IN
CREASINGPOLICECONTRIBUTIONSFROMFIVE PERCENT
TO SEVEN ANDONEHALF PERCENT OF PAY,AND PROVID
INGTHAT POLICE CONTRIBUTIONS SHALLBE DEPOSITED
FOLLOWINGEACHPAY PERIOD:AMENDING SECTION 16-
19(C)TO PERMIT ROLLOVERS OF REFUNDED CONTRIBU
TIONSINTOATAXQUALIFIEDPLAN;AMENDING SECTION
16-30TOPROVIDETHATSTATECONTRIBUTIONSSHALL
BE DEPOSITED INTOTHEFUNDIMMEDIATELYUPONRE
CEIPT;AMENDINGSECTION16-42(B)TOPROVIDEFOR
NORMAL RETIREMENT FOR POLICE AFTER THE COMPLE
TIONOF TWENTY-FIVE YEARS OF SERVICE REGARDLESS
OFAGE;CREATING SECTION 16-42(1)TOPROVIDEAROLL
OVEROPTION;PROVIDINGFORINCLUSIONINTHECODE;
PROVIDINGFORSEVERABILITY;PROVIDINGFORARE
PEALER;AND PROVIDING FORAN EFFECTIVE DATE.
ANORDINANCEOFTHEMAYORANDCITYCOMMISSION
OFTHECITYOF SOUTH MIAMI.FLORIDA RELATINGTOAN
AMENDMENTTOTHECITYOF SOUTH MIAMILANDDEVEL
OPMENT CODE BYREVISING SECTION 20-3.6(H)(2)INOR
DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND
VINESUSEDAS FENCING.SCREENING OR LANDSCAPING:
PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES INCON
FLICT;AND PROVIDING ANEFFECTIVE DATE.
AN ORDINANCE OFTHEMAYORANDCITY COMMISSION
OFTHFCITYOFSOUTH MIAMI,FLORIDA,RELATINGTO
GARBAGE ANDTRASH;AMENDING SECTION 11-23(A)(2)(3)
OFTHECODEOFORDINANCESENTITLED "REFUSE COL
LECTION FEESCHEDULE:PROVIDINGFOR SEVERABILITY:
ORDINANCES IN CONFLICT.ANDAN EFFECTIVE DATE.
Said ordinancecanbe inspected intheCityClerk'sOlfice.Monday-Fri
dayduringregularofficehours.
Inquiries concerningthis item shouldbedirectedtotheCityManager's
Office at:663-6336.
ALL interestedpartiesareinvitedtoattendand will beheard.
RoneltaTaylor,CMC
CityClerk
City o!South Miami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub
licthatifapersondecidesto apDeal anydecisionmadebythisBoard,
Agency or Commission with respecttoanymatterconsidered atitsmeet
ingor hearing,heorshe wiil needa record olthe proceedings,andthatlor