Loading...
Ord No 10-18-2299ORDINANCE NO. 10-18-2299 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. WHEREAS, Section 20-4.5.1 G. (3) currently only allows for off-site mitigation when the total number of trees to be planted cannot be accommodated on the property in question because of the available space; and WHEREAS, there are property owners who would rather have more sunlight and/or plan on future renovations and/or who feel that their property is not able to accommodate canopy replacement trees and when the replacement trees would do better if placed on other properties with sufficient space to permit the trees in question to grow to their natural sizes; and WHEREAS, the City desires to amend Chapter 20, Article IV, Section 20-4.5.1 G to provide for voluntary off-site tree mitigation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Chapter 20, Article IV, Section 20-4.5.1 G. (3) of the Land Development Code for the City of South Miami, Florida, is hereby amended and shall read as follows: G. Tree Mitigation. All tree mitigation required by this ordinance shall be accomplished in accordance with the requirement set forth in the Miami-Dade County Landscape Manual and or Miami-Dade County Chapter 24-49, as well as in compliance with the provisions of this Section. All replacement trees shall be a minimum of a Florida Grade 1 per the grades and Standards of the State of Florida. * * * (3) Off-Site Mitigation. If the total number of trees required as mitigation cannot be reasonably planted on the subject property, the applicant may enter into agreement with the City, to plant excess number of replacement trees on public property within the City or at the option of the City to make a payment to the Tree Trust Fund in accordance with the schedules herein. In the event that a owner is required to replace a tree but does not want to replace the tree on the owner's property, the owner shall be qiven 60 days to find another location that is within the City and approved by the City Arborist. The new approved "Off-site" location may be either on public or private property but it shall have sufficient space to permit the trees in question to grow to their natural sizes. If such trees are planted Off- site, the trees shall be maintained in a healthy and viable condition for a period of five years. If any of the mitigation trees are not viable at any time within the five- year period, the owner shall be required to pay into the tree mitigation fund the value of the trees that are no longer heathy and viable. Pg. 2 of Ord. No. 10-18-2299 Section 2. Codification. The provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of South Miami as amended. Section 3. Severability. 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. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this ~ day of------"M:M.ad..,lyr--__ , 2018. CITY CLERK 1 st Readinfr 5 / 1 / 1 8 2nd Reading 5/15/18 APPROVED: L0~ MAY TO FORM, COMMISSION VOTE: 5-0 A D EXECUTION Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea 22SE I I NEIGHBORS I SUNDAY MAY 6 2018 MIAMIHERALD.(DM CITY OF SOUTH MIAMI 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 IS, 2018, beginning at 7:00 p.m., in the City Commission Chambers. 6130 Sunset Drive, to consider the following item(s): A Resolution 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 11. Section 6D, reducing voting requirements needed to make land usc and development regulations less restrictive in celtain 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 N R zoned districts from noise generated from outdoor seating/ dining by ,lllending Section 20-3.3 (E) ofthe City of South Mi,llli Land Development Code regarding outdoor dining. ALL interested parties are invited to attend and will be heard. For further infonnation, 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 considered 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. FLORIDA KEYS Why the driver in a crash that killed four Keys tourists has not been charged Manso Blanco could not also from MaJlorca; and BY DAVID GOODHUE be reached for comment. Ana Gaitan D{az, 31, from dgoodhut@f1keysntlllS.com Lt. Kathleen McKinney, Cordoba, Spain. The young FHP sub-district comman-women were vacationing in Florida Highway Patrol der in the Keys, said traffic South Florida and the traffic homicide investiga-homicide investigators Keys. tors have not yet conclud-could take another 30 days Cortes-Pardo was behind ed their probe into a March before they complete their the wheel when the Isuzu 5 crash in Islamorada that report, although McKinney rear-ended the Rogue, claimed the lives of four said she doesn't anticipate pushing it into the south- Spanish tourists on U.S. J. it will take that long. bound lane. The passenger Charges are pending "After they do, they will side of the vehicle was against Carlos Manso Blan-consult with the state at-placed directly in the path co, 31, in the crash in torney's office before they of a 2016 Allegro motor which FHP investigators file any charges," McKin-home driven by Daniel say he hit the women's ney said. Pinkerton, 62, of Alaska. 2018 Nissan Rogue with Killed in the crash that The women were likely his Isuzu truck as the car afternoon were Margarita wearing seat belts, but was attempting to make a Cortes-Pardo, 31, from Illes troopers say the impact left-hand turn in the north-Balears, Spain; Marla Lo-from the Allegro was so bound lane at mile marker pez-Bermejo Rossello, 31, intense that nothing would 80 on the northern end of from Mallorca, Spain; Te-have saved them. First Tea Table Bridge. resa Sanchez Quetglas, 30, 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 -is a frequent area for crashes because it is a popular recreation spot for fishing, swimming, picnicking and If Irs putting boats in the water. Monroe County Sheriff AGES 1: -12 SllVMMEIR, Rick Ramsay lobbied the 9:08 AM -3:30 PM Florida Department of Transportation to lower the PRE·CAMP FUN WEEK ~1 MUST BiE speed limit there from 55 JUNE 11-15 mph to 45 mph following ALEXANDER the March 5 crash. SUMMER PROGRAMS Earlier last week, FDOT JUNE IS-AUGUST 10 CAMP! turned down the request outright, but compromised POST-CAMP FUN WEEK 305.665.8274 after Ramsay protested the ItbD~I@8tBl8Dd&rmOPleISDrl.tOID decision directly to Jim AUGUST 13-17 lft.aJBl80dlrmor,leasllll.tom Wolfe, district secretary for 1't0lllmDl1llliOSW5J!AlaruJo South Florida and the • T.anll'leaimol1JlDIDldillllorRoall Keys. By the end of May, TOOlIIm anlPnsaaallL4!llllllillllorRoall IJsmBDl!lyl4850SW6/OAmnua the new speed limit will be 50 mph. 90 MIAMI DAILY BUSINESS REVIEW Pubhshed Daily except Saturoay. Sunday and Legal Hohdays Miami. Mla'llj,Dade County. FlOrida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared KESHA BASSUE, 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 tne matlerof NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI· MAY 15, 2018 in the XXXX Court, was published in said newspaper in the issues of 05/0412018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dad e 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, rebate, commiSSion or refund for the purpose of securing this advertisement for publication in the said newspaper. (SEAL) KESHA BASSUE personally known to me BARBARA THOMAS Comm1ssion#GG 121171 . fxpires November 2, 2021 ; l!6nded Tl1ru Troyfain Insurance 800-385-7619 @m @IP $@U"iiIMl"u .. 1JlJl@i1'D©E·@ljil "rm.B@'~OO@ NOTICE 1SHEREBY given that the CItY Commission oUbeCi\YofSoutlfMiaml, F10ridll wiU qqnduct PL!blic H8aring(~ at Its rvi~CiI¥gor9missjQi:I meeting sch~ulediQr TuesdayjMay 15, 2018, beglnRing ~'7;OIrp,~~irr1he City Commlssl~Chambers, 6130 Sunset Drive; to con.si!Iet thefQ~ngiteim~): A ResolUtion of the City of South Miami, Aorida. placing a question on the August 28, 2018, primaryelecllon balIotseeking_ approval of an amendment to th\l City's Ch8rter. ArtIcle II, SectioIJ ~D.rilducing voting requirements needed to make land uSe and 1:Ievelopment rEIIlulations less restrictive in c.ertain areas.of the City •.. An Ordinance amending the City of South Mi8inllBndDevelopment . Codll.Chapter 20, Article IV. Section 21l-4.5.1 G to pl'!)vide fOJ: VQluntary oIf~sIte tree mitigation. .• , An Ordinance to protect the residential neiQhbortl9odsthat abut the NR zOned districts from noise generated from IlIItdoorsea1ingldlning by amending SeCtion 20-3.3 (E) of the City of South Miami Land Development Code ~arding outdoor dining. ' ALL Interested parties are invited to attend and wm be heard. For further information, please contact1he City Clerk's Office at 305-663-6340. Maria M. Menendez. CMC CityCIerk . Pursuant to Florida Statutes 286.0105, the CHY h8r8by adviiles'1he pub6c that If a person decides to appeal any decision made. by this Board, Agency or CommlssiOQ with respect to any matter considered at its 'l11eet1ng ·or hearing, hear she will need . a record of the prOCeedirigs; 8ild.that for such purpOse, affected person may need to ensure that a verbatim record of the proceedirigs is made which record includes the testimony and evidence upon which the appeal is to be based. 514 18-91/0000316411M 91