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7Agenda Item No:7. City Commission Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.5.1 G to provide for voluntary off-site tree mitigation. 3/5 (Commissioner Welsh) Suggested Action: Attachments: 20-4.5.1__G__Mitigation_off_siteBWCArev_2_Clean_1_.pdf ads.pdf 92 ORDINANCE NO. __________________ 1 2 An Ordinance amending the City of South Miami Land Development 3 Code, Chapter 20, Article IV, Section 20-4.5.1 G to provide for voluntary 4 off-site tree mitigation 5 6 7 WHEREAS, Section 20-4.5.1 G. (3) currently only allows for off-site mitigation 8 when the total number of trees to be planted cannot be accommodated on the property in 9 question because of the available space; and 10 11 WHEREAS, there are property owners who would rather have more sunlight 12 and/or plan on future renovations and/or who feel that their property is not able to 13 accommodate canopy replacement trees and when the replacement trees would do better 14 if placed on other properties with sufficient space to permit the trees in question to grow 15 to their natural sizes; and 16 17 WHEREAS, the City desires to amend Chapter 20, Article IV, Section 20-4.5.1 18 G to provide for voluntary off-site tree mitigation. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. Chapter 20, Article IV, Section 20-4.5.1 G. (3) of the Land 24 Development Code for the City of South Miami, Florida, is hereby amended and shall 25 read as follows: 26 27 G. Tree Mitigation. All tree mitigation required by this ordinance shall be accomplished in 28 accordance with the requirement set forth in the Miami-Dade County Landscape 29 Manual and or Miami-Dade County Chapter 24-49, as well as in compliance with the 30 provisions of this Section. All replacement trees shall be a minimum of a Florida Grade 31 1 per the grades and Standards of the State of Florida. 32 * * * 33 (3) Off-Site Mitigation. If the total number of trees required as mitigation cannot be 34 reasonably planted on the subject property, the applicant may enter into 35 agreement with the City, to plant excess number of re placement trees on public 36 property within the City or at the option of the City to make a payment to the Tree 37 Trust Fund in accordance with the schedules herein. In the event that a owner is 38 required to replace a tree but does not want to replace the tree on the owner's 39 property, the owner shall be given 60 days to find another location that is within the 40 City and approved by the City Arborist. The new approved “Off -site” location may 41 be either on public or private property but it shall have sufficient space to permit 42 the trees in question to grow to their natural sizes . If such trees are planted Off -43 site, the trees shall be maintained in a healthy and viable condition for a period of 44 five years. If any of the mitigation trees are not viable at any time within the five-45 year period, the owner shall be required to pay into the tree mitigation fund the 46 value of the trees that are no longer heathy and viable. 47 93 Section 2. Codification. The provisions of this ordinance shall become and be 1 made a part of the Code of Ordinances of the City of South Miami as amended. 2 3 Section 3. Severability. If any section, clause, sentence, or phrase of this 4 ordinance is for any reason held invalid or unconstitutional by a court of competent 5 jurisdiction, this holding shall not affect the validity of the remaining portions of this 6 ordinance. 7 8 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 9 sections and parts of sections of ordinances in direct conflict herewith are hereby 10 repealed. 11 12 Section 5. Effective Date. This ordinance shall become effective upon 13 enactment. 14 15 PASSED AND ENACTED this ____ day of _____________, 2018. 16 17 ATTEST: APPROVED: 18 19 _____________________ ______________________ 20 CITY CLERK MAYOR 21 1st Reading 22 2nd Reading 23 24 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 25 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 26 EXECUTION THEREOF Vice Mayor Harris: 27 Commissioner Welsh: 28 Commissioner Liebman: 29 _______________________ Commissioner Gil: 30 CITY ATTORNEY 31 32 94 22SE SUNDAY MAY62018NEIGHBORSMIAMIHERALD.COM Florida Highway Patrol traffic homicide investiga- tors have not yet conclud- ed their probe into aMarch 5crash in Islamorada that claimed the lives of four Spanish tourists on U.S.1. Charges are pending against Carlos Manso Blan- co,31,inthe crash in which FHP investigators say he hit the women's 2018 Nissan Rogue with his Isuzu truck as the car was attempting to make a left-hand turn in the north- bound lane at mile marker 80 on the northern end of Tea Table Bridge. Manso Blanco could not be reached for comment. Lt.Kathleen McKinney, FHP sub-district comman- der in the Keys,said traffic homicide investigators could take another 30 days before they complete their report,although McKinney said she doesn't anticipate it will take that long. "After they do,they will consult with the state at- torney's office before they file any charges,"McKin- ney said. Killed in the crash that afternoon were Margarita Cortés-Pardo,31,from Illes Balears,Spain;María Ló- pez-Bermejo Rosselló,31, from Mallorca,Spain;Te- resa Sánchez Quetglas,30, also from Mallorca;and Ana Gaitán Díaz,31,from Cordoba,Spain.The young women were vacationing in South Florida and the Keys. Cortés-Pardo was behind the wheel when the Isuzu rear-ended the Rogue, pushing it into the south- bound lane.The passenger side of the vehicle was placed directly in the path of a2016Allegro motor home driven by Daniel Pinkerton,62,of Alaska. The women were likely wearing seat belts,but troopers say the impact from the Allegro was so intense that nothing would have saved them.First responders worked the scene for most of the day under the impression that there were three bodies inside the Rogue.It wasn't until hours later when firefighters cut the vehicle open that the fourth victim was discovered. The two-mile stretch of highway —from mile marker 78 to 80 —isa frequent area for crashes because it is apopular recreation spot for fishing, swimming,picnicking and putting boats in the water. Monroe County Sheriff Rick Ramsay lobbied the Florida Department of Transportation to lower the speed limit there from 55 mph to 45 mph following the March 5crash. Earlier last week,FDOT turned down the request outright,but compromised after Ramsay protested the decision directly to Jim Wolfe,district secretary for South Florida and the Keys.By the end of May, the new speed limit will be 50 mph. FLORIDAKEYS Whythe driver in acrash that killed four Keys touristshas not been charge d BY DAVID GOODHUE dgoodhue@flkeysnews.comCITYOFSOUTHMIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing(s)at its regular City Commission meeting scheduled for Tuesday,May 15,2018,beginning at 7:00 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider the following item(s): AResolution of the City of South Miami,Florida,placing a question on the August 28,2018,primary election ballot seeking voter approval of an amendment to the City’s Charter,Article II, Section 6D,reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. An Ordinance amending the City of South Miami Land Development Code,Chapter 20,Article IV,Section 20-4.5.1 G to provide for voluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/ dining by amending Section 20-3.3 (E)of the City of South Miami Land Development Code regarding outdoor dining. ALL interested parties are invited to attend and will be heard. 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 aperson 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 arecord 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. 95 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 KESHA BASSUE.whoon oath says that heor she is the LEGALCLERK,Legal Notices oftheMiamiDaily Business Review f/k/aMiami Review,adaily (except Saturday, Sunday andLegalHolidays)newspaper,published atMiami in Miami-Dade County,Florida;thatthe attached copyof advertisement,being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-MAY15,201E in the XXXX Court. was published in said newspaper inthe issues of 05/04/2018 Affiant further says that the said MiamiDaily Business Review isa newspaper published atMiami,in said Miami-Dad e County,Floridaandthatthe said newspaper has heretofore been continuously published insaid Miami-Dade County,Florida each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter atthepostoffice in Miamiinsaid Miami-Dade County, Florida,foraperiodofone year next preceding thefirst publication ofthe attached copy of advertisement;and affiant further says thatheor she has neither paidnor promised any person,firm or corporation any discount,rebate,commission or refund forthe purpose of securing this advertisement for publication in the said newspaper (SEAL) KESHA BASSUE personally knowntome {4»"-%,BARBARATHOMAS i'f'&Vi Commission #GG121171 R is expires November 2,2021 I ended Thru Troy Fain Insurance 800-385-70191 ------••'-• ©ow ©if ©©im™mmm MOTTD©!©IF tPPLMJ©KM/MM NOTICE ISHEREBY given thattheCity Commission oftheCityofSouth Miami, Florida will conduct PublicHearing(s)atitsregularCityCommissionmeeting scheduled for Tuesday,May15,2018,beginningat7:00p.m.,intheCity Commission Chambers,6130 Sunset Drive,toconsiderthefollowing item(s): A Resolution oftheCityof South Miami,Florida,placing a question ontheAugust28,2018,primary election ballot seekingvoterapprovalof an amendment totheCity's Charter,Article II,Section 6D,reducing voting requirements neededtomakelanduseand development regulationslessrestrictivein certain areasofthe City. An Ordinance amending theCityofSouthMiamiLand Development Code,Chapter20,Article IV,Section 20-4.5.1 6toprovideforvoluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NRzoneddistrictsfromnoise generated from outdoor seating/dining by amending Section20-3.3(E)oftheCityof South MiamiLand Development Code regarding outdoor dining. ALL interested parties are inviied to attend andwillbe heard. For further information,please contact theCity Clerk's Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk PursuanttoFlorida Statutes 286.0105,theCityhereby advises thepublic thatifaperson decides toappealanydecisionmadebythisBoard,Agency orCommissionwith respect toanymatter considered atitsmeetingor hearing,heor she willneeda record ofthe proceedings,andthatforsuch purpose,affected person may need to ensure thata verbatim record ofthe proceedings ismadewhich record includesthe testimony andevidence uponwhich the appeal istobe based. 5/4 18-91/0000316411M 96