Ord No 11-24-2496ORDINANCE NO. 11-24-2496
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE IV "OTHER
REGULATIONS," SECTION 20-4.S "LANDSCAPING AND
TREE PROTECTION REQUIREMENTS FOR ALL ZONING
DISTRICTS," OF THE LAND DEVELOPMENT CODE, TO
MODIFY REQUIREMENTS FOR NEW CONSTRUCTION,
ADDITIONS, AND OTHER STRUCTURES ON SINGLE-
FAMILY AND DUPLEX LOTS; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE
WHEREAS, Article VIll, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City of South Miami ("City") has adopted a Land Development Code
(the "LDC") to promote the health, safety, community acceptable standard of morals, and general
welfare of the residents of the City of South Miami through the stated regulations of this LDC; and
WHEREAS, the City Commission finds it periodically necessary to amend the LDC in
order to update regulations and procedures to implement planning goals and objectives; and
WHEREAS, Section 20-4.5 of the LDC provides regulations "to protect and nurture trees,
encourage the planting and preservation of trees, and assure that the design and construction of all
development activity is executed in a manner consistent with the preservation of existing trees to
the greatest extent possible; to ensure that the applicant talces all steps reasonably necessary to
preserve or relocate existing trees prior to receiving a pennit"; and
WHEREAS, the City has a legitimate and significant governmental interest in protecting,
preserving, and restoring the tree canopy within all areas of the City; and
WHEREAS, the City Commission desires to amend Section 20-4.5 of the LDC to require
a tree su1vey and tree disposition plan for any modification, alteration, or new construction on
attached and detached single-family and duplex lots; and
WHEREAS, on March 12, 2024, the Planning Board, sitting as the City's local planning
agency in accordance with Chapter 163, Florida Statutes, reviewed this Ordinance at a duly noticed
public hearing and recommended approval of the Ordinance with changes; and
WHEREAS, this Ordinance was duly noticed and presented to the City Commission in
two readings; with second reading conducted as the required public hearing on April 2, 2024; and
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Ord. No. 11-24-2496
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: 1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending IV, Section 20-4.5 of the LDC. Article IV. -"Other
Regulations," Section 20-4.5 -"Landscaping and tree protection requirements for all zoning
districts" of the LDC, is hereby amended to read as follows"
ARTICLE IV. -OTHER REGULATIONS
***
Section 20-4.5 -Landscaping and tree protection requirements for all zoning districts.
***
D. Lcmdscapi11g Requiremems -Applic(lbi/ity. Section 20-4.5 shall apply to all public and
private development when a building permit is required, except for the following:
( 1) Bona fide agricultural activities: Any property receiving an agricultural classification
and assessment pursuant to Section 193.461 of the Florida Statutes, substantiated by a
plan submitted indicating the area with the agricultural classification.
(2) The requirements of Section 20-4.5.l(Q Q) shall not apply to existing attached and
detached single-family and duplex dwellings.
(3) Parking lot buffers will not be required if they cause the elimination of any required
parking pursuant to this code.
(4) Routine maintenance such as re-roofing and painting shall not be considered external
alterations for Section 20-4.5 requirements; however, re-roofing and painting is
considered an external alteration under other provisions of this Code and may result
require the approval of the ERPB and/or a permit.
***
E. Landscape Req11ireme11ts -Submittals. All submitted landscape plans, irrigation plans, tree
surveys and other required submittals must meet the approval criteria of the Planning and
1 Coding: StrilEelhfeugh 'Nerds are deletions to the existing words. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in my. Changes between first and second reading
nre indicated with Eleuhle 01,ibalhreaoh and double underline. Modifications made at second reading are shaded in
mtfru.imf.
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Ord. No. 11-24-2496
Zoning Department, (hereinafter referred to as the "Planning Department") prior to issuance
of permits.
***
(4) ~~«fee Survey.
(a) For All Development: Bxcepppipr0&1ded~foiitmuifim;gij@1CbiJa ~ ~"gi~ tfejj
survev atri('!ffiM,disff"u s_ hal!. be provided for all sites at the _same scale as t~e
landscape plan. The ..::..::'¼'_.....:_j ire'd survey shall be accompamed by an aerial
photogi~~-h-w_ hich outlines the subject site without obscuring its features. The
~-~Jie.~ iri~ survey shall provide the following information:
i. The accurate location and graphic representation, in relation to existing development
of all existing trees of a minimum two (2) inch DBH or ten (10) foot height, or for
native trees, of a minimum one and one-half ( 1 ½) DBH or eight (8) foot height,
including those which are proposed to be removed, relocated or preserved on site in
accordance with the requirements of this section 20-4.S and section 20-4.S .1.
ii. The boundaries of any native habitat, native plant community, native plant species,
and/or Natural Forest Community and associated understory that exists on site, as
determined by Chapter 24 of the code of Miami-Dade County.
iii. A table showing the following information:
a. The scientific and common name of each tree, each of which shall be
numbered;
b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree,
the sum DBH for all trunks; and,
c. An estimate of the height, canopy cover, and physical condition of each tree,
and whether specimen tree(s) exist on the site.
b tli:'er~n:i --~----• •
. alteration .
lre"Aliuliiiil or demolition on • le-family or duplex lot, including accessory or
a urtenant structures such as es drivewa s recreational courts
or similar structures, shall re iVAC¥AAIAAA survey and tree disposition plan
for the area of the lot affe rk and within IO feet • ea.
The Plannin Director ma "'• • • ~ surve and tree dis Ian
required by this subparagraph where aerial photographs indicate that no trees are
located in the affected area or within IO feet of said area, and the Planning Director
or its staff has confirmed the accuracy of said photograph(s} by visual inspection of
the subject property.
***
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Or<l. No. 11-24-2496
Section 3. Conections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signatme.
Section 4. 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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions , in conflict herewith, are repealed to the extent of such conflict.
Section 6. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
Section 7.
adoption.
Effective Date. This Ordinance shall become effective immediately upon
PASSED on first reading on the 19th day of March, 2024.
PASSED AND ADOPTED on second reading on the 2nd day of April, 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION~
WEISS SEROT A HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
€Y
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page4 of4
4-0
Yea
Yea
Yea
Absent
Yea
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: April 2, 2024
Submitted by: Daniela Cimo
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE IV “OTHER REGULATIONS,” SECTION 20-4.5 “LANDSCAPING AND TREE
PROTECTION REQUIREMENTS FOR ALL ZONING DISTRICTS,” OF THE LAND DEVELOPMENT CODE,
TO MODIFY REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS, AND OTHER STRUCTURES ON
SINGLE-FAMILY AND DUPLEX LOTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
48E1816-Memo-Ordinance_Re_Tree_Survey (1).docx
48E178202-Ordinance Amending LDC Article IV Sec. 20-4.5 - Tree Survey Requirements-SR.docx
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:April 2, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV “OTHER REGULATIONS,”
SECTION 20-4.5 “LANDSCAPING AND TREE PROTECTION REQUIREMENTS FOR
ALL ZONING DISTRICTS,” OF THE LAND DEVELOPMENT CODE, TO MODIFY
REQUIREMENTS FOR NEW CONSTRUCTION, ADDITIONS, AND OTHER
STRUCTURES ON SINGLE-FAMILY AND DUPLEX LOTS
______________________________________________________________________________
The accompanying ordinance proposes to amend the landscaping provisions to require a tree
survey and tree disposition plan for all new development activity on single family or duplex lots,
including but not limited to new construction, additions, and accessory structures such as
driveways, pools, decks, etc. The objective of these requirements is to ensure that permit
applications for any such development activity discloses affected trees and addresses how
affected trees will be accounted for and mitigated if necessary. For new construction, a tree
survey and disposition plan for the entire lot will be required. For development of single-family
and duplex lots, other than new construction, a tree survey and disposition plan will be required
for the area of the lot affected by the proposed work and within 10 feet of said area.
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6A .............................................................................................MIAMI HERALD FRIDAY MARCH 22 2024
In an effort to reduce
weapons in schools,the
Broward County School
Board voted Wednesday
to pay about half a million
dollars to install metal
detectors in 10 schools for
the 2024 -202 5 school
year.
Currently,the district
uses handheld metal de-
tectors.
“Metal detectors are not
the answer or end all,be
all,but we’ve seen the
reduction of weapons
found in other counties,”
Broward County Superin-
tendent Peter Licata told
reporters after the board’s
decision.“Also,we’ve
seen a significant reduc-
tion of vape pens.So that
is a great consequence to
it.”
Charles W.Flanagan
High School in Pembroke
Pines and J.P.Taravella
High School in Coral
Springs will pilot the metal
detectors during the sum-
mer,Licata said.
The district will pay
$540,000 to install metal
detectors at Flanagan and
Taravella and eight other
schools.Those schools
will be announced in the
next few weeks,Licata
said.He expects the
schools will be equipped
with at least three each.
Since the 202 2-2023
school year,Broward
County Public Schools has
had 220 weapons-related
incidents and 3.6%of
those incidents involved
guns,according to the
district.
The district will start
installing the metal detec-
tors in high schools before
gradually installing them
in middle schools,Licata
said.
The decision came
months after the district
decided against requiring
clear bookbags for this
school year.The initial
measure was meant to
deter students from bring-
ing weapons to schools.
Raisa Habersham:
@newsworthy17
Broward Public
Schools will try
metal detectors
to catch weapons
(and vapes)
CARL JUSTE cjuste@miamiherald.com
Broward County Public Schools Superintendent Peter
Licata said Wednesday in Fort Lauderdale:‘Metal
detectors are not the answer or end all,be all,but we’ve
seen the reduction of weapons found in other counties.’
Fort Lauderdale police
are asking for the public’s
help to find a man they
say sexually battered a
woman last month.
The attack happened
Feb.2 7 around 2 a.m.on
the 700 block of SE 16th
Street,police said in a
press release.
A woman was walking
on the 1600 block of
South Federal Highway
when a man began follow-
ing close behind her in a
gray Hyundai Sonata,said
police spokeswoman
Casey Liening.Shortly
after,Liening said the
man,who had a handgun,
got out of the car and
demanded money from
the woman.
When she refused to
give him the cash,he
dragged her into the car
and sexually battered her
at gunpoint,Liening said.
She escaped and ran away.
Security-camera footage
released by police shows
the car in the area before
the attack.
Police said the man is
clean-shaven,with short
dark hair and a medium
build.The car’s windows
had dark tint,Liening
described.Police also
released a sketch of the
man based on the victim’s
description.
“He was possibly wear-
ing a white
T-shirt with
a dark-
colored
sweater and
long dark
pants,”
Liening
said.
Detectives
are asking for anyone with
information or video of the
attack to contact Detective
Sgt.Hector Martinez at
954-828-5510 or Detective
Christopher Chylack at
943-828-5535.Information
can also be provided anony-
mously by contacting Bro-
ward County Crime Stop-
persat 954-493-TIPS
(8477).
David Goodhue:
305-923-9728,
@DavidGoodhue
Fort Lauderdale
police are looking
for sexual-battery
suspect.He could
be armed Sketch
of suspect
7