Ord. No. 16-97-1637ORDINANCE NO.16-97-1637
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A PREVIOUS
AMENDMENT TO SECTION 2 0-3.6 OF THE LAND DEVELOPMENT
CODE TO PRESCRIBE PERMITTED METHODS OF CONSTRUCTION BY
REPEALING ORDINANCE NO.13-96-1613;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,on July 30,1996,the City Commission adopted
Ordinance No.13-96-1613,in order to regulate the methods of
construction and to require walls for drainage purposes;and,
WHEREAS,the Dade County Board of Rules and Appeals and the
SouthMiamiPlanningBoardareopposedtosuchregulations;and,
WHEREAS,the Mayor andtheCity Commission find thatitis
inthepublicinteresttopromoteharmonyinthe City.
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Ordinance No.13-96-1613 is hereby repealed.
Section 2.If any section,clause,sentence,or phrase of
this ordinance isforany reason held invalid or unconstitutional
bya court of competent jurisdiction,theholding shall not
affectthe validity oftheremainingportionsofthisordinance.
Section 3.All ordinances or parts of ordinances in conflict
with the provisionsofthisordinancearehereby repealed.
Section 4.This ordinance shall take effect immediately at
the time of its passage.
rdPASSEDANDADOPTEDthis3 day of 997.
mu^tti>
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
1st Reading -3/18/97
2nd Reading -6/3/97
Ordinance to Permit Wooden Finishes:2nd Reading June 3,1997
COMMISSION VOTE:5-0
Mayor Price:Yea
Vice Mayor Robaina:Yea
Commissioner Oliveros:Yea
Commi ss i<one r L&evbfi-j6iil-rev-#3.doc Yea
Commissioner Young:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Maypfand City Commission
From:L.Dennis Whitt ^7?X
CityManager
Date:May 26,1997
Agenda Item #
Re:Comm.Mtg.06/03/97
Ordinance to Permit Wooden Finishes
//
REQUEST:
ANORDINANCEOFTHE MAYOR AND CITY COMMISSIONOFTHE CITY OFSOUTH MIAMI,FLORIDA,
RELATING TOA PREVIOUS AMENDMENT TO SECTION 20-3.6 OFTHE LAND DEVELOPMENT CODETO
PRESCRIBE PERMITTED METHODS OF CONSTRUCTION BY REPEALING ORDINANCE NO.13-96-1613:
PROVIDINGFOR SEVERABILITY;PROVIDINGFORORDINANCESINCONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
Pursuant to direction givenbytheCity Commission onMarch4,1997,the following ordinance
is presented,which proposes to repeal Ordinance No.13-96-1613.This action would permitall
methods of finishing,including wooden finishes,and would nolonger require mandatory walls.
OnMay 13,1997,thePlanningBoardvoted7:0to recommend forthe approval oftheproposed
ordinance,as presented.
RECOMMENDATION:Approval.
Attachments:
Proposed Ordinance for Adoption
Copy of Ordinance No.13-96-1613
Excepted PB Minutes of May 13,1997
City Manager's Report:OrdinancetoPermitWoodenFinishes
ORDINANCE NO.13-96-1613
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT
OF SECTION 20-3.6 OF THE LAND DEVELOPMENT CODE TO
PRESCRIBE PERMITTED METHODS OF CONSTRUCTION BY CREATING
A NEW SECTION 20-3.6 (S);REQUIRING RETAINING WALLS FOR
NEW RESIDENTIAL AND COMMERCIAL CONSTRUCTION ON ELEVATED
SITES BY CREATING A NEW SECTION 20-3.6 (T);PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT-
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on October 25,1989,the City Commission voted to
adopt Ordinance No.19-89-1441,the City's Land Development Code
including Section 20-3.6 "Supplemental Regulations";and,
WHEREAS,from time to time,the City Commission has amended
these regulations regarding specific issues;and,
WHEREAS,certain methods of construction are regarded by the
City Commission as undesirable,due to the lack of aesthetic
appeal of finish materials associated with these methods;and,
WHEREAS,the City Commission desires to specify permitted
methods of construction to protect community aesthetics;and,
WHEREAS,elevated sites in Special Flood Hazard Areas and
other areas are required under South Florida Building Code [SFBC]
to provide on-site drainage facilities;and,
WHEREAS,the use of soakage pits,extensive gratings,and
trenches have limited effectiveness over time and are regarded by
the City Commission as undesirable aesthetically;and,
WHEREAS,retaining walls can provide for assured on-site
drainage and are more aesthetically pleasing than the above;and,
WHEREAS,the Mayor and the City Commission find that it is
in the public interest to promote,preserve,protect and enhance
the aesthetic attractiveness of the City of South Miami.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
2nd Reading July 30th,1996 Construction Methods Ordinance Page #l /i
Section 1.Section 20-3.6 (S),"Construction Methods",of
the Land Development Code is hereby created as follows:
(S)Construction Methods
(1)Permitted Methods
All exterior walls of all buildings will be constructed of
concrete block,stone,brick,poured concrete,glass block
or any combination thereof.Pre-cast concrete panels and
glass curtain walls may be used for exterior walls of
commercialbuildings.
(2)Exception
One-story storage buildings,no larger than ten (10)feet in
both width and length and located on properties so that such
storage buildings are not visible from any right-of-way.
Section 2.Section 20-3-6 (T),"Required Walls for New
Construction on Elevated Sites",of the Land Development Code is
hereby created as follows:
(T)Required Walls for New Construction on Elevated Sites
Any new construction on a lot which is higher in elevation
than adjacent properties will require a solid masonry wall
with a minimum height of three (3)feet above the highest
adjacent grade and surrounding the property on all sides.
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,the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4.All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5.This ordinance shall take effect immediately at
the time ofitspassage.
2nd Reading July 30thf 1996 Construction Methods Ordinance Page #2 /I
3 of Ord.#13-96-1613
PASSED AND ADOPTED this 30ch day of July,1996
ATTEST
An&uijjfcu^^ojuj(L^
dlTY CLERK "fT
1st Reading -June "n,1996
2nd Reading -July 30,1996
READAND APPROVED AS TO FORM
/^
CITY ATTORNEY
COMMISSIONVOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel:
Commissioner Young:
5-0
Yea
Yea
Yea
Yea
Yea
2nd Reading July 30thf 1996
APPROVED:
MAYOR
cs\_\raporta \fram*.ord
Construction Methods Ordinance Page #3 /I
EXCERPTED MINUTES
Planning Board
Tuesday,May 13th,1997
City Commissioners'Chambers
7:30 P.M.
A.Board members present constituting a quorum:S.Basu (Chairperson);K.Zeller (Vice-
Chairperson);A.Oliveros;G.Illas;A.Dupree;C.Thorner;andJ.Lefley
B.City Staff present:Brian Soltz (Planner);and David Struder (Board Secretary)
IV.Public Hearings
B.ITEM:PB-97-015
Applicant:Mayor andCity Commission
Request:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHECITYOF
SOUTHMIAMI,FLORIDA,RELATINGTOAPREVIOUSAMENDMENTTO
SECTION 20-3.6 OFTHELAND DEVELOPMENT CODETOPRESCRIBE
PERMITTEDMETHODSOFCONSTRUCTIONBYREPEALINGORDINANCENO.
13-96-1613:PROVIDING FORSEVERABILITY;PROVIDING FOR ORDINANCESIN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
1.Ms.Zeller read the request intotherecord.
2.Staff presentedthe application totheBoard.
3.Publichearingwasopened.
a.Mr.David Tucker,Sr.,of 6556 SW 78 Terrace,spoke before the Board.Mr.Tucker opined
that this document,if approved,would remove "impediments"and permit a return to traditional
architecture.
4.Public hearing was closed.
5.Motion:Ms.Zeller moved approval of the application,as presented Mr.Lefley seconded the
motion.
6.Vote:Approved:7Opposed:0
//
MIAMI DAILY BUSINESSREVIEW
Published Daily except Saturday,Sunday and
LegalHolidays
Miami.Oade County,Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
octelma V.Ferbeyre,whoonoathsaysthatshe is the
£"2**^r*»«»r«L°9al Notices ot the Miami Dally BusinessReviewf/k/a Miami Review,a daily (except Saturday,Sunday
and Legal Holidays)newspaper,published at Miami in Dade
vounty,Florida;thatthe attached copyof advertisement.
Ming a Legal Advertisement of Notice inthematterof
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
JUNE 3,1997
ORD.NO.13-96-1613
nthe.
vas published In saidnewspaper In the issues of
May 22,1997
Court,
Affiant further says that the said Miami Daily Business
.evlew isanewspaper published at Miami In said Dade
ounty,Florida,andthatthesaidnewspaperhasheretofore
aen continuously published In said Oade County,Florida,
aeh day (except Saturday,Sunday and Legal Holidays)and
as been entered as second class mail matter atthepost
ffiee In Miami In said Dade County,Florida,for a period of
neyear next precedingthefirstpublicationofthe attached
apy of.advertisement;and affiant further saysthatshehas
aither paid nor promised any peranum or corporation
iy discount,rebate,commisstafftirrefunq for the purpose
.9?jP"niMnl8 advertlsfjB^n f/r publication inthe said
EAL)
JttlmaV.Ferbeyre pei
OFFICIAL NOTARYSEAL
•JANETT LLEfJEfIA•^J"10*COMMISSION WM8ER
g CC5650C4
^MY COMMISSSON EXPIRES
23,2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBYgiventhatthe City CommissionoftheCityof
South Miami,RoridawillconductaPublic Hearing during its regular
CityCommission meeting on Tuesday,June 3,1997 beginningat7:30
p.m.,in the City Commission Chambers,6130 Sunset Drive,to
consider the following described ordinances:._.,-,vv^i-:>^•
^AN ORDINANCE OF THE MAYOR AND CITY COMMISSION ^|
f OFTHE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOI
IA PREVIOUS AMENDMENT TO SECTION 20-3.6 OF THE I
I LAND DEVELOPMENT CODE TO PRESCRIBE PERMITTED I
I METHODS OF CONSTRUCTION BY REPEALING ORD1-I
I NANCE NO.13-96-1613:PROVIDING FOR SEVERABILITY;I
I PROVIDING FOR ORDINANCES IN CONFLICT;AND PRO-I
I VIDING AN EFFECTIVE DATE.(First Reading March 18.I
1 1997)^
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO
AN AMENDMENT OF THE CITY'S ADOPTED LAND DEV
ELOPMENT CODE BY CREATING A NEW SUB-SECTION
204.1(C)(3)(g),IN ORDER TO REQUIRE REVIEW BY
ENVIRONMENTAL REVIEW &PRESERVATION BOARD
FOR ALL NEW CONSTRUCTION.PAINTING.REMODEL
ING.LANDSCAPING AND SIGNAGE PROJECTS PER
FORMED BY THE CITY GOVERNMENT;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CON
FLICT;ANDPROVIDINGANEFFECTIVE DATE.(First
Reading March 18,1997)••->:^?*^v*ueW-v.;'
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI.FLORIDA RELATING TO
.AN AMENDMENT OF THE LAND DEVELOPMENT CODE IN
ORDER TO INCLUDE ANGLED PARKING UNDER SEC
TION 20-7.26 ENTITLED STREET STANDARDS;CREAT
INGANEW SUB-SECTION (C)UNDER 20-7.26;PROVID
ING FOR SEVERABILITY;PROVIDING FOR ORDINANCES
(N CONFLICT;AND.PROVIDING FOR AN EFFECTIVE
DATE.(First Reading April 15.1997)
Said ordinances can be inspected in the CityClerk'sOffice,Monday
•Fridayduringregularoffice hours.•-••._•
Inquiriesconcerningthisitem should bedirectedtothePlanningand
Zoning Department at:663-6347.•••>•=-^..,.*•»-•••
ALL interested parties are invited to attend and will be heard.
-••-.--Ronetta Taylor,CMC
•CltyClerk
'-•--City ofSouthMiami
PursuanttoRorida Statutes 286.0105,theCity hereby advises the
publicthatifaperson decides toappeal any.decision madeiby this
Board.Agency or Commissioa wtth4tespectto:any •matter conststarad
af-itsmeeting Or hearing,'hefdr she^wHI needBireconJ-o&trropiDeseoV
ings,and that for such purpose,'affected person may-need to-ensure
that a verbatim record of the proceedings is made which record in
cludes the testimony and evidence upon which the appeal istobe
based.
5/22~97-3-052272M
1