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Ord No 14-16-2247OrdinanceNo.14-16-2247 An Ordinance amending the Land Development Code,Article III,"Zoning Regulations,"Section20-3.6,"Supplemental Regulations,"to amend and clarify the height limitations onfences,walls,hedgesand similar featuresin residential zoning districts. WHEREAS,thedevelopmentofcornerlotswithrespecttowhicharethefrontorsidestreets of thelotare sometimes confusing;and WHEREAS,theLandDevelopmentCodeprovidesinSection20-3.6(F)(4)that "In determiningwhichstreetsarethefrontageandsidestreets,thedirector of buildingandzoningshall be guided bythe existing development patternf;]"and WHEREAS,theremaybealine of housesalongablockfacewithuniformfenceheights alongfrontpropertylinesthataredisrupteduponreachingacornerlot,whichapplicableregulations wouldtreatthatsameportion of theblockfaceasasidesetbackareaandsidepropertyline;and WHEREAS,itisimportantforcompatibility of urbandesignthatthenonconformityof fencesonthesidesetbackareasandsidepropertylines of cornerlotsbemadetoconformtothe uniformity of height of the remainder of theblockface,andnotbea disruptive design element;and WHEREAS,attheMay 10,2016publichearing of the Planning Board,the Boards motion to recommend approval of the proposed text amendment failedwithavote of 2to5;and WHEREAS,theCity Commission desirestoadoptthis ordinance to accomplish theabove objectives. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Article III,"Zoning Regulations,"Section 20-3.6,"Supplemental Regulations,"of the Land Development Code,City of South Miami,Florida,is hereby amended andshallreadas follows: 20-3.6 -Supplemental regulations. (H)Physical Barriers. (1)Allfences,walls,trellises andhedgesmaybe erected onoralonga property line,but shallnotextendintoofficialpublic rights-of-way or project onoroveradjacent properties. (2)Height limit. Residential: (a)Chain linkfenceswillnotbe permitted on required yards adjacent toaright- of-way. Page 1 Qrd.No 14-16-2247 (b)Inall yards,fences,walls,and trellises (excluding arbors)shallnotexceedsix (6)feetinheightabovegrade,unless further restricted exeep^as providedin(c)below. (c)Inthe required front setback areas adjacent toa right-of-way,and along that portion ofarear setback areathatis adjacent tothe front yard ofan aioining property,fences, walls,trellises,gatesand hedges shall not exceed four(4)feetinheight above gradewiththe following exceptions: (i)Woodenfences exceeding four(4)feetinheightadjacenttoaright- of-wayinrequiredfrontsetbackareasshallprovideforaminimumofsixty(60) percentopenareaforallportionsbetweenfour(4)andsix(6)feetinheightabove grade.Thegraphic"WoodenFence Types"includesanexampleofbothan unacceptable and acceptable prototype. Section 2.Codification.Theprovisionsofthisordinanceshallbecomeandbemadepart of the Land Development Code of theCity of SouthMiamiasamended. Section 3.Severability.If anysection,clause,sentence,or phrase of this ordinance isforany reasonheldinvalidor unconstitutional byacourt of competent jurisdiction,thisholdingshallnot affectthe validity of the remaining portions of thisordinanceorthe Guidelines adopted hereunder. Section 4.Ordinances inConflict.All ordinances orparts of ordinances andallsectionsand parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5.Effective Date.This ordinance shall become effective upon enactment. PASSEDANDENACTEDthis 21stday of June 20j_6_. CLERK 1stReadings 6/7/16 2nd Reading 6/21/16 READ AND APPROVED AS TO FORM: LANGUAGE,LEGAJLITY AND EXECUTION TOgREOF APPROVED: COMMISSION VOTE:3-1 Mayor Stoddard:Yea Vice Mayor Welsh:Yea Commissioner Edmond:Nay Commissioner Harris:Yea Commissioner Liebman:absent Page 2 South*Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission Via:Steven Alexander,City Manager From:Jane K.Tompkins,AICP,Planning Director Date:June 7,2016 Agenda Item No. Subject: An Ordinance amending the Land Development Code,Article III,"Zoning Regulations/' Section 20-3.6,"Supplemental Regulations/'to amend and clarify the height limitations on fences,walls,hedges and similar features in residential zoning districts. Background: Whenreviewing the City'sphysicalbarrier regulations,Section 20-3.6(H)of the Land Development Code (LDC),itwas found that,while the current provisions address the front setback area of properties that are considered interior lots,clarification was needed when determining the fence height for properties that are considered corner lots. Analysis: In order to properly address the heightoffencesfor properties that are considered tobe corner lots,an amendment toSection 20-3.6(H)isbeing proposed atthistime.Thesole amendment to the physical barrierssection identifies theareawherethefenceheightforcornerlotscannot exceed four (4)feet.Previously,the LDC only required thatthefront setback areaof any residential property have a maximum height offour (4)feet.When applied toacorner lot,the portion ofthe fence that fell within the front setback area was limited toa maximum height of four(4)feet.Any portion of the fence that was outside of the front setback area couldhavea maximum height ofsix(6)feet.Depending onthe orientation of the residential structure onthe property,there may bea line of houses along a block face with uniform fence heights along frontpropertylines that aredisruptedupon reaching acornerlot. Section 20-3.6(H)(2)(c)willbe amended to read: "In the required front setback areas adjacent toa right-of-way,and along that portion of a rear setback areathatisadjacenttothefrontyardofan aioining property,fences,walls,trellises,gates and hedges shall notexceedfour (4)feet in heightabovegrade with thefollowingexceptions/' Corner LotFence Height Text Amendment June 1,2016 Page 2of2 By making the proposed amendment listedabove,corner lots will be required to havea maximumheightoffour(4)feet,causing them toconformto the fence heights of the remainder of the blockface,and not bea disruptive design element. Planning Board Action: Afterthepublichearingheldon the itematthePlanningBoard'sMay10,2016meeting,the Board's motion to recommend approval of PB-16-012 failedwitha vote of2 to 5. Recommendation: Itis recommended that the City Commission approve the proposed amendment to the Land Development Code. Attachments: o Draft Resolution ©Draft Planning Board Meeting Minutes Excerpt,dated May 10,2016 o CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Wednesday,May10,2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City ofSouthMiami Code of Ordinances,Section 8A-5,requires thatall lobbyists,asdefinedin that section, mustregisterwiththe City Clerk beforeengaginginany lobbying activitiesandinmostcasespayanannual fee of $500.00 and an additional $100for each additional issue.This applies &?$£//persons who ore retained with or without compensation to influence any action,decision,recommendati^^^someone with the city,including the city manager,city attorney,department heads,city personnel,or mj^^§M of the city commission or members of any city board,concerning amatter that could foreseeobly be addj^^^^ig city commission or acity board.There are some exceptions and exemptions.The following are not^^0deW^g^be lobbyist:a representative of a principal at a quasi-judicial hearing,experts who presentj^gtffic or tect^ja^information at public meetings, representatives of a neighborhood association withouj^^^ensation and^r^^sentatives of a not-for-profit community based organization for the purpose of j§cj[l$$£iing a grant who see%3tQ.influence without special compensation.H&&,<*£!#%. m Individuals who wish to view or listen?®^meeting inl^^^^y,audio and videoPlirsions of the meeting can be found on the city's wel^ifl|t^w.southmilB^i,gov). I.Call to Order •^&*5*%8kK ^tfk 4t.....jmssk..m *»*•~Action:ion:Mr.Greing&HSfflft&geting to oiler 1&MP$t$fa>.** ^i^.J2II,fftjpiy "r:%^f nII.Roll Call ^a*.m,Boa^^ighiBe||^|sent%|||tituting^fe^ru^Mr.Greiner (Chairman),Ms.Fischer (Vice- ™<*P&man)f Dr?¥l§|s,Ms/ll^ey,Ms.^t^feid Mr.Melow. Board#l§gibers Absentnpifee. ••VSjSfes*^ City Staff l%t|nt:Ms.S||f Kamali (Deputy City Manager),Mrs.Jane Tompkins (Planning Director),Mr.Mfe|us Lightfc^Senior Planner/Zoning Administrator),and Gary M.Held (Land Use Attorney). City Staff Absent ^§§i&JPP ^g;^^^ ^ City Attorney:Mr.Thomas Pepe III.Administrative Matters "^l Ms.Kamali introduced the Board to Jane Tompkins,thenew planning director for the city.Mrs. Tompkins then gaveabriefpresentationonherqualifications. Ms.Kamali informedtheBoard that theapplicantfor PB-16-005 has requested topull their item andtohaveitappearbeforethe Planning Board attheirnextmeeting.Becauseofthat,PB-16-005 was not reviewed by the Board. IV.Public Hearings 1.PB-16-012 Applicant:Cityof South Miami An Ordinance amending the Land Development Code,Article III,"Zoning Regulations/'Section 20-3.6,"Supplemental Regulations/'to amend andclarify the height limitations on corner lots in residential zoning districts.r*\. Ms.Kahn readthe item intothe record.J"^ Mr.Lightfoot presented the PB-16-012 to the Boar3?';/*v\;\ Mr.Basu asked if trellises cannot excee|g§gf (4)feet,of which"l\^||lightfoot stated yes.Mr. Held clarified thesubjectsectionof the^lde and explained that IrSSytem is similar tothe previous item that was withdrawn by Vice Ml^^Welsh.^^:t Mr.Basu asked about the heillK©i;,gates.Mr.Pl^lSSponded thatthe height requirements aren't changing.The proposed ^iWRffe onlyadds eSft^r lotstothesection.Mr.Basu then o asked whatthe definition was for^trellisiS^/vhich Mr/li^gfoot responded thatthe LDC does not have a definition for a trellis.Mrlfcsu tfi^fSSfeted thatHllls.in agreement that fences,walls and hedges shou^^^^lmaximum r^gpht of (^p^R^g statiljphat gates could be higher than /j four (4)feet.J^p|htfoi^|ted that^ej^ls'ar^Jgjessed in Section 20-3.6(H)(2)(c)(iii)^-^ through Sectio^0r3.6(H)(2|^|y)the LD^^Ren read thlSection into the record. &£&c£rau_u^:-u4i^j;j,ej|jses Mr Lightfoot statedthattrellisesalong ,Trellisesthat are not along the right of way JSpf (6)feeFTHlMr.HeUSken asketffJiltearci iftheythinkthat trellises should be excluded. *l||£hilips added 1il||rellisl^|3^definitionfare 60%open.Dr.Philips then read Section 20- 3^e)(c)(i)intoth^ord.^%^ Mr.Greffl^||alked about|i||heights of fences in neighborhoods around South Miami and gave examples.lSteBasu askeftithe height of the fence in the front yard was four (4)feet.Mr. Lightfoot reacP^tion/i^p!6(H)(2)(c)into the record.Mr.Held stated that the proposed ordinance would^fea^^pfces on corner lots the same as fences along the block face.Mr. Greinerstatedthat hfpall fencesthroughthe city arebuiltwithafour (4)footheight.Healso stated that different materials were used.Last,Mr.Greiner mentioned that the best option wouldbeforfenceson corner lotstojustbe consistent withtheheightandmaterialusedfor other fences along the same block face. The Chairperson opened the floor to public comments on PB-16-012. •Christopher Cooke-Yarborough -Support The Chairperson closed the floor to public comments on PB-16-012. o Dr.Philips stated thatcrimepreventionisthepurposeforthefenceheight requirements asthe stand in the LDC. Motion:Mr.Basumovedto approve PB-16-012 as presented.Themotionwas seconded by Dr. Philips. Vote:Yes 2y No 5 (Greiner,Fischer,Kahn,Dr.Philips,Melow) Mr.Basu:Yes Ms.Glavey:Yes Mr.Greiner:No Ms.Fischer:No c**, Ms.Kahn:No ^/:? Dr.Philips:No ''\/ Mr.Melow:No >VV*^*. V.Public Comments/New Business j;v~\>\^ The Chairperson opened the floor to public corrirnents and any new business. Public Comments Section ,'V:,"'v '-:-V>v No commentsfromthe public.*"::V^?:V>,v$^ New Business Section No comments from thCpubjiCv '•$£•*<*•' N"OVs X,s The Chairperson closed the floorstb public comments and any new business. .Appji^eMie^yiinutes ->^;>-'ns?k:-s vi l.^lifenning Board MJftutgs of A^H[1JL2,2016: Motf^i&Ms.Fischer rnoy&d to defemthe meeting minutes as amended.Mr.Greiner seconded the motifs §fe Vote:Yes 7,Hb^None^ Mr.Basu:Yes ^tftf^^ Ms.Glavey:Yes ^p Mr.Greiner:Yes Ms.Fischer:Yes .Ms.Kahn:Yes Dr.Philips:Yes Mr.Melow:Yes VII.Future Meeting Date: V )A)June 14,2016 at 7:00 P.M. VIIL Adjournment Mr.Greiner adjourned the meeting at10:36P.M. mm- *s*5SF &&H&. Mfe, m tf£8«S*IP, life,.:^T'^#1^; Ilk N5^iJv m o 'no o o SUNDAY JUNE 122016 MIAMIHERAID.COM NEIGHBORS 33SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhattheCityCommission of theCityofSouthMiami,FloridawillconductPublic Hearing(s)atits regularCityCommissionmeetingscheduledfor Tuesday,June 21,2016,beginningat7:00 p.m.,intheCityCommissionChambers, 6130 Sunset Drive,to consider the following item(s): AResolution relating toanapplicationforwaiver of platforthesubdivisionofpropertylocatedat6050SW 81 Street. AResolutionapprovingspecialexceptionswaivingstrictcompliancewiththelot coverage,parking,height,and setback provisions ofthe Hometown DistrictOverlayOrdinance fora proposed addition locatedat 5875 Sunset Drive. A Resolution approving and authorizing the City Manager to execute athree(3)year (October 1,2015 -September 30,2018 )agreement between the Miami-Dade County Police Benevolent Association Collective Bargaining Union ("Lieutenants&Captains")andtheCity of SouthMiami. A Resolution authorizing theCity Manager toenterintoa three-year agreement with AT &Tto replace existing network connections atParksand Recreation,Public Works andCityHall. AnOrdinanceamendingChapter 13A,Section 13A-22 oftheCityofSouthMiamiCodeof Ordinances,entitled "Balloon Regulations,"providing forthe regulation of balloon usage and balloon releases inthe City limits. /An Ordinance amending the Land Development Code,Article III,"Zoning Regulations,"Section 20-3.6."Supplemental /Regulations.;'to amend and clarify the height limitations on fences,walls,hedges and similar features in residential ^zoning districts. An Ordinance amending Section 20-5.4,"Complete applications required,"Section 20-5.5,"Applications requiring public hearings.,"and Section 20-5.6,"Applications in general;'of the South Miami Land Development Code to establish requirements for atransportation impact analysis,and other changes including correction ofnames,clarifying noticerequirements,andestablishing authority todeferanitem. ALLinterestedpartiesareinvitedtoattendandwillbeheard. For further information,pleasecontactthe City Clerk's Office at:305-663-6340. Maria M.Menendez,CMC CityClerk Pursuant to Florida Statutes 286.0105,the City hereby advises the public that ifa person decides to appeal any decision made by this Board Agency or Commission with respect to any matter considered at its meeting or hearing,he or she will need a record ofthe proceedings,and that for such purpose, affected person may need to ensure that a verbatim record ofthe proceedings is made which record includes the testimony and evidence upon which the appealisto be based. 7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and LegalHolidays Miami.Miami-Dade Counly.Florida STATEOFFLORIDA COUNTYOF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V.FERBEYRE,who on oath says that he or she is the VICE PRESIDENT,Legal Notices of the Miam,Daily Business Review f/k/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 •ofNotice m thematterof NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -JUNE 21,2016 inthe XXXX Court. was published insaid newspaper in theissuesof 06/10/2016 Affiant further says that the said Miami Daily Business Review ,s a newspaper published at Miami,in said M.am.-Dade County.Florida and that the said newspaper has heretofore been continuously published ,n 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 <n Miam.in said Miami-Dade Countv Florida,for a period of one year next preceding the first publ.cat.on 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,rebate,comm.ss.on or refund for the purpose of securing th.s advertisement for publication in the^ard newspap Sworn to arid subscribed before me this 10dayof JUNEAD 2016 (SEAL) OCTELMA V.FERBEYRE personally known to r .•**i%8HQNDA MPELTIER ,g MY COMMISSION uFF231407 j *°FXPi«£$May 17 2019 HCHiU.iNo.-.r,Sc CITY OF SOUTH MIAMI ftiOTBCE OF PUBLIC HEARING NOTICE IS HEREBY given that theCity Commission oftheCityofSouth Miami,Florida will conduct PublicHearing(s)atitsregularCityCommission meetingscheduledfor Tuesday,June21,2016,beginningat7:00p.m.,in theCity Commission Chambers,6130 Sunset Drive,to consider the followingitem(s): AResolutionrelatingtoanapplicationforwaiverofplatforthesubdivision of property located at6050SW81 Street. AResolutionapproving special exceptions waivingstrict compliance' withthelot coverage,parking,height,and setback provisionsofthe Hometown DistrictOverlayOrdinancefora proposed addition located at 5875 Sunset Drive. AResolutionapprovingandauthorizingtheCityManagerto execute a three(3)year(October1,2015-September30,2018)agreement between the Miami-Dade CountyPolice Benevolent Association Collective Bargaining Union("Lieutenants&Captains")andtheCityofSouth Miami. A Resolution authorizing the City Manager toenter into a three-year agreementwith AT.&TtoreplaceexistingnetworkconnectionsatParks andRecreation,PublicWorksandCityHall. AnOrdinanceamending Chapter 13A,Section13A-22oftheCityofSouth Miami CodeofOrdinances,entitled "Balloon Regulations,"providing for theregulationofballoon usage andballoon releases intheCitylimits. An Ordinance amending theLand Development Code,Article"III, "Zoning Regulations,"Section 20-3.6,"Supplemental Regulations,"to amend andclarifytheheightlimitationson fences,walls,hedges and similar features in residential zoning districts.c ) AnOrdinanceamendingSection20-5:4,"Complete applications required," Section 20-5.5,"Applications requiringpublichearings,"and Section 20-5.6,"Applications in general,"of the South MiamiLand Development Code to establish requirements fora transportation impactanalysis,and other changes includingcorrectionof names, clarifying noticerequirements,andestablishingauthoritytodeferanitem. ALL interested'partiesareinvitedtoattendand will beheard. Forfurther information,pleasecontactthe City Clerk'sOffice at:305-663-6340. MariaM.Menendez,CMC CityClerk PursuanttoFlorida Statutes 286.0105,theCityherebyadvisesthepublic thatifa person decides to appeal anydecision made,bythisBoard, Agencyor Commission with respect toany matter considered atits meetingorhearing,heor she willneedarecordofthe proceedings,and thatforsuch purpose,affected person mayneedtoensurethataverbatim record ofthe proceedings is made which record includesthe testimony and evidence upon which the appeal istobe based. 6/10 16-96/0000122622M