06-02-09 Item 8LJ
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
South Miami
All- America CRY
I I 11.1
zoos
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Planning and Zoning Director (( _
Date: May 19 2009 ITEM No.--,- _
Subject:
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 3.6(Q)
ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING,
VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL
EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING
OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER
MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE
SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS
INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
•BACKGROUND
In recent months the City has received complaints that new roof top air conditioning compressors and
other equipment were being installed without proper screening to conceal visibility from the ground. The
Administration did determine that in several cases the roof top equipment being installed was a
replacement unit. The City's current LDC regulation in effect since 1992 (Ord. No. 15 -92 -1510) has been
interpreted that screening was required at the time of original installation. If equipment was installed
before that date screening of the equipment was not required and was not applied when the equipment
was replaced.
STAFF OBSERVATIONS
(1) The consideration of this amendment was a result of the recent replacement of older A/C roof
equipment on a South Miami Hospital Building. The replacement units were larger than the older
units which were in place prior to the screening legislation. The replacement equipment was not
subject to review by the Environmental Review and Preservation Board (ERPB). The. equipment
was clearly visible on several elevations. After a series of meetings hospital personnel did agreed
to place a screening wall in front of the new equipment.
(2) It can be expected that this same concern will occur when older equipment and units at other
locations are replaced at both the roof top and on the ground. In order to assure that the same
standard and review procedure applied to new installations is also applicable to replacement units
an amendment to Section 20 -3.6 (Q) Land Development Code is recommended.
•
• 2
PROPOSED AMENDMENTS
The following two amendments are proposed:
Section 20 -3.6 Supplemental Regulations
(Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment, and
Other Mechanical Equipment.
(1) Air - cooled condensing and /or compressor equipment, water cooling towers, and any other
similar mechanical or service equipment or apparatus installed or replaced on the roof of
any building erected shall be screened from
view by a parapet wall or such other screening device as shall be approved by the
environmental review and preservation board. Such screening shall be constructed so as to
conceal the equipment visible in elevation. The requirement of approval by the
environmental review and preservation board shall not apply to replacement
equipment if existing screening is in place and found sufficient by the Planning
Director.
(2) Air - cooled condensing (excluding window and wall units), and/or compressor equipment,
water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any
other similar mechanical or service equipment or apparatus installed or replaced aftep
on the ground or on a building (other than on its roof) shall be screened
from view, at ground level outside the subject property, by the use of landscaping or such
other screening device as shall be approved by the environmental review and preservation
board. The requirement of approval by the environmental review and preservation
board shall not apply to replacement equipment if existing screening is in place and
found sufficient by the Planning Director.
PLANNING BOARD ACTION
The Planning Board at its April 28, 2009 meeting conducted a public hearing on the proposed amendment
and adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendments.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -3.6 (Q) as shown above and in attached
draft ordinance be approved on first reading.
Attachments
Draft ordinance
Planning Department Staff Report 4 -28 -09
Planning Board Minutes Excerpt 4 -28 -09
LDC Sec. 20- 3.6(Q)
Ordinance. No. 15 -92 -1510
Public Notices
• SAY
X:\Comm Items\2009 \5 -19 -09 \LDC Amend Screening AC CM Report.doc
I ORDINANCE NO.
•2
3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT
5 CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING
6 OF EXTERIOR HEATING, VENTILATING, AIR CONDITIONING EQUIPMENT
7 AND OTHER MECHANICAL EQUIPMENT" IN ORDER TO ADJUST THE
8 CURRENT REQUIREMENT FOR SCREENING OF NEW AIR CONDITIONING
9 COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL
10 EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE
11 SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT
12 EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY,
13 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, the Land Development Code (LDC) regulation on screening air
16 conditioning and mechanical equipment in effect since 1992 (Ord. No. 15 -92 -1510) has
17 been interpreted that screening was required at the time of original installation; and
18
19 WHEREAS, if air conditioning and mechanical equipment was installed before
20 adoption of the 1992 ordinance screening of the replacement equipment and the review
21 process was not applied; and
22
23 WHEREAS, in order to assure that the same standard and review procedure applied
•24 to new installations is also applicable to replacement units an amendment to Section 20 -3.6
25 (Q) Land Development Code is recommended; and
26
27 WHEREAS, the Planning Board at its April 28, 2009 meeting, after public hearing,
28 adopted a motion by a vote of 7 ayes 0 nays recommending that the proposed amendment
29 to the Land Development Code be approved; and
30
31 WHEREAS, the City Commission desires to accept the recommendation of the
32 Planning Board and enact the aforesaid amendment.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. That Section 20 -3.6 (Q) entitled "Screening and Soundproofing of Exterior
38 Heating, Ventilating, Air Conditioning Equipment, and Other Mechanical Equipment" of
39 the Land Development Code is hereby amended as follows:
40
41 Section 20 -3.6 Supplemental Regulations
42 * * * *
43 (Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning
44 Equipment, and Other Mechanical Equipment.
45
46 (1) Air - cooled condensing and /or compressor equipment, water cooling towers,
• 47 and any other similar mechanical or service equipment or apparatus
48 installed or replaced on the roof of any building erected i-• the
49 shall be screened from view by a parapet wall
50 or such other screening device as shall be approved by the environmental
51 review and preservation board. Such screening shall be constructed so as to
2
1 conceal the equipment visible in elevation. The requirement of approval
2 by the environmental review and preservation board shall not apply to
3 replacement equipment if existing screening is in place and found
4 sufficient by the Planning Director.
5
6 (2) Air - cooled condensing (excluding window and wall units), and/or
7 compressor equipment, water cooling towers, liquid propane gas tanks,
8 irrigation pumps, pool equipment, and any other similar mechanical or
9 service equipment or apparatus installed or replaced ' er-
10 won the ground or on a building (other than on its roof) shall be
11 screened from view, at ground level outside the subject property, by the use
12 of landscaping or such other screening device as shall be approved by the
13 environmental review and preservation board. The requirement of
14 approval by the environmental review and preservation board shall not
15 T apply to replacement equipment if existing screening is in place and
16 found sufficient by the Planning Director.
17
18 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this
19 ordinance are hereby repealed.
20
21 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason
22 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
23 affect the validity of the remaining portions of this ordinance.
24
25
Section 5 This ordinance shall be effective immediately
after the adoption hereof.
26
27
28
PASSED AND ADOPTED this day of
52009
29
30
ATTEST: APPROVED:
31
32
33
34
CITY CLERK MAYOR
3.5
36
1St Reading —
37
2nd Reading —
38
39
40
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
41
Mayor Feliu:
42
Vice Mayor Beasley:
43
Commissioner Palmer:
44
Commissioner Newman:
45
•46 CITY ATTORNEY
47
48
49 XAComm Items\2009 \5- 19- 09 \LDC Amend Screening AC Ord.doc
r�
•
•
To: Honorable Chair and Date: April 28, 2009
Planning Board Members
From: Thomas J. Vagelin
Planning Director
G 1I 11:
Re: LDC Amendment — Screening of A/C
and Mechanical Units Sec. 20- 3 -6(Q)
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20-
3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING,
VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL
EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR SCREENING
OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS AND OTHER
MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO REQUIRE
SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS
INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND_
In recent months the City has received complaints that new roof top air condition compressors and other
equipment was being installed without proper screening to conceal visibility from the ground. The
Administration did determine that in several cases the roof top equipment being installed was a
replacement unit. The City's current LDC regulations in effect since 1992 (Ord. No. 15 -92 -1510) has
been interpreted that screening was required at the time of original installation. If equipment was
installed before that date screening of the equipment was not required and was not applied when the
equipment was replaced.
STAFF OBSERVATIONS
(1) The consideration of this amendment was a result of the recent replacement of older A/C roof
equipment on a South Miami Hospital Building. The replacement units were larger than the
older units which were in place prior to the screening legislation. The replacement equipment
was not subject to review by the Environmental Review and Preservation Board (ERPB). The
equipment was clearly visible on several elevations. After a series of meetings hospital personnel
.did agreed to place a screening wall in front of the new equipment.
(2) It can be expected that this same concern will occur when older equipment and units at other
locations are replaced at both the roof top and on the ground. In order to assure that the same
standard and review procedure - applied to new installations is also applicable to
replacement units an amendment to Section 20 -3.6 (Q) Land Development Code is
recommended.
LDC Amendment
April 28, 2009
Page 2 of 2
• PROPOSED AMENDMENT
The following two amendments are being suggested:
Section 20 -3.6 Supplemental Regulations
(Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning
Equipment, and Other Mechanical Equipment.
(1) Air- cooled condensing and/or compressor equipment, water cooling towers, and
any other similar mechanical or service equipment or apparatus installed or
replaced on the roof of any building erected a
shall be screened from view by a parapet wall or such other screening
device as shall be approved by the environmental review and preservation board.
Such screening shall be constructed so as to conceal the equipment visible in
elevation. The requirement of approval by the environmental review and
preservation board. shall not apply to replacement equipment if existing
screening is in place and found sufficient by the Planning Director.
(2) Air- cooled condensing (excluding window and wall units), and/or compressor
equipment, water cooling towers, liquid propane gas tanks, irrigation pumps,
pool equipment, and any other similar mechanical or service equipment or
apparatus installed or replaced , , on the ground or on a
• building (other than on its roof) shall be screened from view, at ground level
outside the subject property, by the use of landscaping or such other screening
device as shall be approved by the environmental review and preservation board.
The requirement of approval by the environmental review and preservation
board. shall not apply to replacement equipment if existing screening is in
place and found sufficient by the Planning Director.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -3.6 (Q) as set forth above be
approved.
Attachments:
Sec. 20- 3.6(Q)
Ordinance. No. 15 -92 -1510
Public Notices
TN /SAY
isX:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \4- 28- 09\PB -09 -008 LDC Amend Screening AC.doc
•
IOU
CORPORATEO
1927
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 28, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:47 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms. Yates
• and Ms. Chael. Absent: Mr. Comendeiro and Mr. Farfan
City staff present: Mr. Thomas J. Vageline (Planning and Zoning Director), Sanford A.
Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria
Stout- Tate (Administrative Assistant) and Alerik Barrios (Assistant).
IV. Planning Board Applications /Public Hearings
PR -09 -008
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION
20- 3.6(Q) ENTITLED "SCREENING AND SOUNDPROOFING OF EXTERIOR HEATING,
VENTILATING, AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL
EQUIPMENT" IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR
SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS, WATER TOWERS
AND OTHER MECHANICAL EQUIPMENT ON A ROOF, BUILDING OR GROUND TO
REQUIRE . SCREENING WHEN REPLACEMENT UNITS OR REPLACEMENT
EQUIPMENT IS INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Ms. Yates read the item into the record.
• Mr. Morton asked City staff for a presentation.
Planning Board Meeting
April 28, 2009 Excerpt
2
. Mr. Youkilis stated that in recent months the city has received complaints that new roof top
air conditioning compressors and other equipment were being installed without proper
screening to conceal visibility from the ground. The administration determined that in several
cases the roof top equipment being installed was a replacement unit. The city's current Land
Development Code regulations, in effect since 1992 (Ord. no. 15- 92- 1510), has been
interpreted that screening was required at the time of original installation. If equipment was
installed before that date, screening of the equipment was not required and was not applied
when the equipment was replaced.
Mr. Youkilis went on to state that the consideration of this amendment was a result of the
recent replacement of older A/C roof equipment on a South Miami Hospital Building. The
replacement units were larger than the older units which were in place prior to the screening
legislation. The replacement equipment was not subject to review by the Environmental
Review and Preservation Board (ERPB). The equipment was clearly visible on several
elevations. After a series of meetings hospital personnel did agreed to place a screening wall
in front of the new equipment. It can be expected that this same concern will occur when
older equipment and units at other locations are replaced at both the roof top and on the
ground. In order to assure that the same standard and review procedure applied to new
installations is also applicable to replacement units, an amendment to Section 20 -3.6 (Q)
Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equipment,
and Other Mechanical Equipment was needed. The amendment added the words "or
replaced ". Staff also proposed a sentence that stated that The requirement of approval bathe
• environmental review and preservation board shall not apply to replacement equipment if
existing screening is in place and found sufficient by the Planning Director. It was
recommended that the proposed amendments to Section 20 -3.6 (Q) as set forth above be
approved.
Mr. Morton had asked what constitutes visible and not visible.
Mr. Youkilis answered someone has to make a judgment call and you can use the ERPB
Board to make the decision. For new construction all items would go to the ERPB Board, but
for replacement installations which are already screened, the Planning and Zoning Director
would make a judgment call that the existing screening would be sufficient. The Director
would review plans to see if it would be a screening wall or a parapet wall and decide if that
would be sufficient. Mr. Morton asked Mr. Vageline if he agreed with the information given.
Mr. Vageline agreed.
Mr. Whitman asked Mr. Youkilis how this would apply to sound mitigation. Mr. Youkilis
stated that noise regulations are applicable to both new and replaced installation. The
standards would be the same in residential and commercial use. The sound level would be
applicable to existing, replacement and new mechanical equipment including air - cooling
units.
Ms. Young asked if this is a replacement how would the person know that this is something
that they needed to comply with. If South Miami Hospital did not know, how would someone
else know? How do we disburse the information so that someone would not be fined before
they are notified?
Planning Board Meeting
April 28, 2009 Excerpt
3
Mrs. Cabrera - Hernandez replied that she would notify the applicant and let them know how it
did not comply with the code as it is written to date. She stated that she would let the
applicant know how to come into compliance (i.e. the steps, which board to appear in front of,
and would also, assist in reviewing on a one to one basis).
Mr. Youkilis stated that the Planning and Zoning Department does have hand -outs, which
contain guidelines and show procedures as to how to accomplish whatever is necessary.
The Chairman opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Ms. Sharon McCain None Written Oppose
Ms. McCain asked about the noise levels of the AC Units located at South Miami Hospital
and Larkin Hospital. She stated that the AC Units should not be on the top of the roof of the
hospitals. It should also have sound proof screening to prohibit the noise. The units look ugly
on the roof.
Ms. Yates asked Mr. Youkilis if based on the current code if a decibel level is above the City
standard, do we have someone to call. Mr. Youkilis answered the Code Enforcement
Department. The City now uses a sound meter that measures the sound levels.
•
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Mr. Brad Cassel Not Written Oppose
Mr. Cassel stated that he was confused. He asked if you have to replace an AC condenser do
you have to have to have the same screening as a new unit. Does one have to go in front of the
ERPB Board? Mrs. Cabrera - Hernandez stated that the practice would be that your
mechanical equipment would be able to be replaced without a problem. It would not be
disapproved. The screening would be provided by another contractor, not whoever is handling
the mechanics of the AC.
Mr. Cassel inquired if he would have to hire an architect for the screening. Mrs. Cabrera -
Hernandez replied that she did not say that. The permit would be approved and according to
the Florida Building code you would have to put up landscaping around your AC unit. Mr.
Cassel went on to say that this amendment is not clear and does not make sense.
Chairman closed the public hearing.
Motion:
Mr. Comendeiro made a motion to recommending approval of the amendment change.
Yates seconded
• Vote: 7 Ayes 0 Nay
XAComm Items\2009 \549- 09TBminutes Excerpt 04.28.09.doc
•
ZONING REGULATIONS 20 -3.6
(b) A sworn affidavit on a form prepared by the City, which form confirms that the
home occupation will conform to all of the standards contained herein and
agreeing that the City, upon probable cause to believe that there is a violation of
one or more of the standards so stated, may inspect the property to determine if
there is a violation. Failure to allow an inspection will result in the automatic
cancellation of the certificate of use and occupational license. Failure to correct
code violations, after notice, will also result in the cancellation of the certificate
of use and occupational license.
(4) An occupational license and annual certificate of use shall be obtained for any home
occupation.
(Q) Screening and Soundproofing of Exterior Heating, Ventilating, Air Conditioning Equip-
ment, and Other Mechanical Equipment.
(1) Air- cooled condensing and/or compressor equipment, water cooling towers, and any
other similar mechanical or service equipment or apparatus installed on the roof of any
building erected after the date of the passage of this ordinance shall be screened from
view by a parapet wall or such other screening device as shall be approved by the
environmental review and preservation board. Such screening shall be constructed so
as to conceal the equipment visible in elevation.
• (2) Air- cooled condensing (excluding window and wall units), and/or compressor equip-
ment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool equip-
ment, and any other similar mechanical or service equipment or .apparatus installed
after September 1, 1992, on the ground or on a building (other than on its roof) shall
be screened from view, at ground level outside the subject property, by the use of
landscaping or such other screening device as shall be approved by the environmental
review and preservation board.
•
(3) It shall be unlawful to operate mechanical equipment including air - cooled condensing,
and/or compressor equipment, and any other noise producing equipment in an all
residential, institutional, commercial and industrial zoned property, when such
equipment emits noise which exceeds the following noise levels, measured at the
receiving property line nearest to the source; such sound levels shall be measured by
City of South Miami staff or other representatives designated by the City Manager
with a sound level meter manufactured according to standards prescribed by the
American National Standards Institute:
Maximum Permitted Sound Level in Decibels dBA
Supp. No. 12
62.1
At Property Line or
At Property Line or
Beyond Between
Beyond Between
Receiving Land Use
10:00 PM -7 :00 AM
7:00 AM -10:00 PM .
Single - family
55 dBA
60 dBA
Supp. No. 12
62.1
• 20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE
(4) The above sound levels shall be applicable to existing, replacement or new mechanical
equipment including air- cooled condensing and/or compressor equipment, mechanical
equipment, and any other noise producing equipment.
(5) The.city's existing commercial buildings shall meet the requirements of this subsection
and mitigate excessive noise levels upon the issuance of a notice of violation by the City
of South Miami Code Enforcement Office.
(6) Sound proofing shall be effective for the life of the equipment. If sound proofing
• device/equipment is determined not to be adequate, the owner shall be required to
mitigate or replace the equipment and/or sound proofing material as necessary to
reach acceptable sound levels.
(7) Soundproofing for larger equipment serving commercial buildings shall consist of at a
minimum a barricade or complete ventilated enclosure lined on the inside with a sound
blocking (including landscaping) and sound absorbent material, in order to reduce
sound to an acceptable level.,
(8) Installation of any fixed barricades or enclosures must be installed with applicable
permits. .
(9) Measurement of sound levels at a specific location shall be the average of three (3)
readings each taken for a period of thirty (30) seconds during the day or night hours
when subject equipment is in continuous operation.
(10) These regulations shall not apply to generators or other equipment used during a
declared state of emergency or during intermittent power outages; this exemption to
maximum sound levels shall end when electric power is restored.
(R) Screening and Landscaping of Refuse Enclosures and Containers for the Storage'of
Refuse in Commercial and Multifamily Residential Zoning Districts. When plans for new
commercial or multifamily residential construction, or plans for an addition to an existing
commercial or multifamily residential structure and plans for the renovation of an existing
commercial or multifamily residential structure, where the cumulative cost of the addition or
• renovation exceeds fifty (50) percent of the assessed value of the existing commercial or
Supp. No. 12 62.2
At Property Line or
At Property Line or
Beyond Between
Beyond Between
Receiving Land Use
10:00 PM -7:00 AM
7:00 AM -10:00 PM
Multifamily, Institutional,
60 dBA
65 dBA
Parks and Noise - Sensitive
Zones (Hospitals, Schools,
Nursing Homes, Church, Court
or Public Library)
Retail Commercial (Offices, Re-
65 dBA
65 dBA
tail, Restaurants and Movies)
Wholesale Commercial and In-
70 dBA
75 dBA
dustrial
(4) The above sound levels shall be applicable to existing, replacement or new mechanical
equipment including air- cooled condensing and/or compressor equipment, mechanical
equipment, and any other noise producing equipment.
(5) The.city's existing commercial buildings shall meet the requirements of this subsection
and mitigate excessive noise levels upon the issuance of a notice of violation by the City
of South Miami Code Enforcement Office.
(6) Sound proofing shall be effective for the life of the equipment. If sound proofing
• device/equipment is determined not to be adequate, the owner shall be required to
mitigate or replace the equipment and/or sound proofing material as necessary to
reach acceptable sound levels.
(7) Soundproofing for larger equipment serving commercial buildings shall consist of at a
minimum a barricade or complete ventilated enclosure lined on the inside with a sound
blocking (including landscaping) and sound absorbent material, in order to reduce
sound to an acceptable level.,
(8) Installation of any fixed barricades or enclosures must be installed with applicable
permits. .
(9) Measurement of sound levels at a specific location shall be the average of three (3)
readings each taken for a period of thirty (30) seconds during the day or night hours
when subject equipment is in continuous operation.
(10) These regulations shall not apply to generators or other equipment used during a
declared state of emergency or during intermittent power outages; this exemption to
maximum sound levels shall end when electric power is restored.
(R) Screening and Landscaping of Refuse Enclosures and Containers for the Storage'of
Refuse in Commercial and Multifamily Residential Zoning Districts. When plans for new
commercial or multifamily residential construction, or plans for an addition to an existing
commercial or multifamily residential structure and plans for the renovation of an existing
commercial or multifamily residential structure, where the cumulative cost of the addition or
• renovation exceeds fifty (50) percent of the assessed value of the existing commercial or
Supp. No. 12 62.2
ORDINANCE NO. 15 -92 -1510
. AN ORDINANCE OF THE CITY OF SOUTH MIAMI., FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY AMENDING SECTION 20 -4.6 (D) TO
DELETE "EXPOSED STORAGE AREAS, MACHINERY, AND SERVICE
AREAS "; AMENDING SECTION 20 -3..6 BY ADDING A NEW
SUBSECTION Q PROVIDING FOR SCREENING OF EQUIPMENT AS
SET FORTH THEREIN; PROVIDING FAR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted as a part of its Land Development Code Section 20 -4.6
(D)(2), which states:
and
Exposed storage areas, machinery,. service areas,
Utility buildings and structures and similar accessory
areas and structures shall be subject to such
placements, screen plantings or ' other screening
methods as shall reasonably be required to prevent
their being incongruous'with existing or contemplated
environment or surrounding property.
WHEREAS, the Mayor and City Commission wish to clarify the
aforesaid section;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
�QMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -4.6 (D)(2) be, and hereby is,
amended to read as follows:
Exposed Storage Utility areas, Utility buildings and
structures and similar accessory areas and structures
shall be subject to such placements, screen plantings
of oL-her screening methods as shall be required to
prevent their being incongruous with existing or
contemplated environment or surrounding property.
Section 2. Section 20 -3.6 "Supplemental Regulations" be,
and hereby is, amended to add a new subsection Q:
Q. Screening of Exterior Heating, Ventilating,
and Air Conditioning Equipment
(1) air - cooled condensing and /or compressor equipment,
water cooling towers, and any other similar mechanical
or service equipment or apparatus installed on the roof
of any building erected after the date of the passage
of this ordinance shall be screened from view by a
parapet wall or such other screening device as shall be
approved by the Environmental Review and Preservation
Board. Such screening shall be constructed so as to
conceal the equipment visible Ln elevation.
• (2) air-cooled condensing (excluding window and wall
units),and /or compressor equipment, water cooling
towers, liquid propane gas tanks, irrigation pumps,
pool equipment,and any other similar mechanical or
• service equipment or apparatus-installed after
[effective date) on the ground or on a building (other
than on its roof) shall be screened from view, at
ground level outside the subject property, by the use
of landscaping or such other screening device as shall
be approved by the Environmental Review and
Preservation Board:
Section 3. If any section, clause,, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said .holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 9. All Ordinances or parts of Ordinances in
conflict herewith;be, and the same 'are, hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this i th day of September , 1992.
• APPROVED:
MAYOR
ATTEST:
c
CITY CL IRK
READ AND APPROVED AS TO FORM: e
CITY ATTORNEY
2
•
t
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami 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; thai the attached copy of adval tisenient,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - JUNE 2, 2009
in the XXXX Court,
was published in said newspaper in the issues of
05/22/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
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, commissi refund for the purpose
of securin this adverti for pub I lion in the said
ne per. "
Swom to and subscribed before me this
22 day f MAY A.D 09
(SEAL)
MARIA MESA personally known to me
E ptr6, N„,sry Public+ state ovtit) ICS Pergz
My Commis &i01) ODII19771
boa` Expires 0 9/0312 01 2
. :. frI� ...3. ., V ,NCOPPOnMfA - ...• � i. . F. , '
�0itV9 ss: t •.. ...
'PITY OF.,SOUTH -,MIAMI_y
:NOTICEbo PUBLIC NEARING:.:
�g�.' : l:: . "J'•..` _Y.••I .
NOTICE IS HEREBY given that the City the of .the City.of South
Miami, Florida will conduct a Public Hearing at its regular City.
Commission meeting scheduled for Tuesday; June 2, °2009 beginning at
7:30 p.m: in the�City CommissiomChambers ,:6130: Sunset: Drive, to
consider the'foilowing item(s):ncirs:� 1., . +. t1 rirls4is U t "
t.:: ' :g-�..,• ` %,.� T:4r 1 J'�: T.':.: �'>r;f:g3i �Y'Jrn; ,�f3S�:S G tlrrif3l . f , .
Sec6nd Reading: E I:�`'= ,ai r1oE;rspO s ;a , :trsrt o ll 1�•
i' AN ' rORDINANCEt .,OF�_'-THEPWAYOk�_IAND fiTHE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI;: FLORIDA,
Yt� r- AMENDINGS.THE LANDttDEVELOPMENT.xCODE :.SECTION
i 20- 3.6(0) ENTITLED "SCREENING:'AND °SOUNDPROOFING
'OF. EXTERIOR "HEATING; VENTILATING , -AIR CONDITIONING
:EQUIPMENTsAND-OTHEW MECHANICAL'iEQUIPMENT' IN
.�.••:.`- );.ORDER.iTO. ADJUST +:THE ?,CURRENT.tREQUIREMENT FOR
SCREENING OF NEW.AIR CONDITIONING.COMPRESSOR
_- UNITS; r:;WATER !'TOWERS• rAND!-;OTHER» MECHANICAL
EQUIPMENT ON A- ROOF,'BUILDING' OR GROUND TO
°. REQUIRE( SCREENING, WHEW REPLACEMENT- UNITS' OR .
t REPLACEMENT�EQUIPMENT..�IS INSTALLED;: PROVIDING
I.s:t":FORI-SEVERABILITY, ORDINANCES °INOCONFLICT; -'AND
PROVIDING'AN EFFECTIVE DATE:." "•.`j`
ALL interested parties are invited to attend and will beheard: a •�
' . -, - ��; ,. ... "t �; , �' • � �' Maria M:.Menendez, CMC
sF:,:rl•,. ...City Clerk.. ..
Pursuant ito`FlohdaP' Statutes ;286.0105' the, City'hereby advises the
public'that 'if a per'sori` decides to appeahany 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 :rrw%+, ,.
5/22 • r: . ,,Y. - „', . , �, -1;„ „ ..... r 09 -3 -121 /1234739M
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'CALENDAR, FROM 47
Sgt. Major Andrew Yagle, former
Miami Shores resident, will speak.
• North Miami Beach: 10 a.m., All
Wars Memorial Park, 16500 NE 16th
Ave.
DANCE CLASSES
Best of Times Dance Studio: 6255
SW Eighth St. (Calle Ocho), Little
Havana. Prices as noted. Most
classes offer the first class free. .
305- 269 -0335 or bestoftimesdan-
cestudio.com:
• Ballroom Dance Class: 8:30 -9:30
p.m. Monday and Wednesday;
$9 -$12.
• Belly Dance Class: 9:10 p.m.
Thursday; $9 -$12.
• Latin Dance Class: 7 -8 p.m. Mon-
day and Wednesday; $9 -$12.
• Salsa Classes: 8 -9 p.m. and 9 -10
p.m. Tuesday and Thursday; $9 -$12.
• Sunday Class and Dahce Party:
Followed by free dance party every
Sunday; 6 p.m. Sunday; $12.
Tango Classes: Learn tango with
Yanira; 7 -8:30 p.m. Monday; Alliance
Francaise Miami, 618 SW Eighth St.,
Miami; $15 donation per class.
305- 336 -3740 or www.afmiami:org.
OTHER CLASSES
Acting Introduction to Acting for
Adults: Classes by Russ; 4 -6 p.m.
Saturday; City of Sunny Isles Beach
Pelican Park Community Center,
18115 N. Bay Rd., Sunny Isles Beach;
$60, $40 members, reservations
required. 305- 792 -1706,
305 -389 -3256 or
www.sibfi.net/dept cul to ral.asp.
Aromatherapy Blending Lab:
Focuses on working with naturally
occurring substances, including
NEIGHBORS CALENDAR
essential oils, beeswax, glycerin And
grape seed oil. 7:30 -9:30 p.m. Thurs-
day; Miami Dade College - Kendall
Campus, 11011 SW 104t1h St., Kendall;
$55.305- 237 -2161 or www.mdc.e-
du/kendall/ce.
Arts for Ail: Adults learn about con-
temporary art by participating in
hands -on art activities inspired by
contemporary artists; 7-9�p.m.
Wednesday; Museum of Contempo-
rary Art (MOCA), 770 NE 125th St.
Joan Lehman Building, North Miami;
$12,$10 for members. 305 -893 -6211,
ext. 27 or www.mocanomi.org.
Cake Decorating Basics Workshop -
Fondant vs. Gum Paste: Learn fon-
dant and gum paste basics. Use
these materials to cover cakes, make
accents and go over the differences
between them during the class; 7 -9
p.m. Tuesday; Chef Aliza, 8441 SW
132nd St., Pinecrest; $45.
305- 234 -9002 or info @chefali -
za.com.
Citizenship Classes: Prepare to take
citizenship test by practicing read-
ing, writing and speaking English;
through June 16; 5 -7 p.m. Tuesday;
Kendall Branch Library, 9109 SW
97th Ave., Kendall; free.
305- 661.2130 or franivy @hot -
mail.com.
Doral Toastmasters: Toastmasters
International (TI) is a nonprofit edu-
cational organization that operates
clubs worldwide to help members
improve their communication, public
speaking and leadership skills.
Through its member clubs, it helps
men and women learn the arts of .
speaking, listening and thinking;
7:30 -9 a.m. Thursday; Doral Cham-
ber of Commerce, 8181 NW 36th St.,
Coral; free. 305-798-9424.
Junior Docents: Teens are invited to
join this after- school program in
which they learn about contempo-
rary art, develop writing, public
speaking and graphic design skills,
assist at special events, give tours
and produce MOCA'zine, the muse-
um's acclaimed arts journal written
by and for teens; 4:30 -6 p.m.
Wednesday; Museum of Contefnpo-
rary Art (MOCA), 770 NE125th St.
Joan Lehman Building, North Miami;
free. 305- 893 -6211, ext. 25 or
www.mocanomi.org.
Meditate On It -For Beginners: Learn
how to relax, quiet the mind, become
calmer, be more.focused and get
clearer thinking. Uses various guided
meditations, including those of Dee -
Pak Chopra, spiritual and wellness
guru, and mediations for Jewish spir-
itual practice. Wear comfortable
clothes and bring a towel, mat or
meditation chair; 10 -11 a.m. Wednes-
day; Special Needs Room at Alper
JCC,11155 SW 112th Ave., Kendall; $5
suggested donation. 305 -271 -9000
or www.alpe`rjcc.drg.
Parents Without Partners: Activities
for single parent families including
dances on Saturday nights and
classes; 12256 SW 128th St., Kendall;
$10 donation for nonmembers.
305- 251 -2819.
Performing Arts Classes Registra -,
tion: Open for arts program. Fea-
tures classes in acting, voice, musical
theater, ballet, ballroom, acrobatics,
jazz, lyrical, hip -hop, tap, belly danc-
ing, technique and Pointe; 3:30 -8:30
p.m. Monday- Friday; through June 4;
Roxy Performing Arts Center, 1645
SW 107th Ave, Southwest Miami -
Dade; $35.305- 226 -0030 or Susan -
nePinedo@aol.com.
Palates Exercise: Presented by South
Miami Hospital's Behavioral and Col-
laborative Medicine Program. Exer-
cise to strengthen core muscles in
the abdomen and back, improve
posture and tone all muscle groups;
5-6 p.m. Monday, Wednesday; Victor
E. Clarke Center at South Miami Hos-
.O .
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the CityConimission of the City of South Miami, Florida will conduct Public
Hearings at its regular City Commission meeting scheduled for Tuesday, June 2, 2009 beginning at 7:30 p.m.
in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
Second Reading: - - -
AN ORDINANCE AMENDING' THE LAND DEVELOPMENT CODE SECTION 20.3.6(Q)
ENTITLED "SCREENING" AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING,
AIR CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT' IN ORDER TO
ADJUST THE CURRENT REQUIREMENT FOR'SCREENING OF NEW AIR CONDITIONING
COMPRESSOR UNITS, WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A .
ROOF, BUILDING OR GROUND TO REQUIRE SCREENING WHEN REPLACEMENT UNITS OR
REPLACEMENT EQUIPMENT IS INSTALLED.
For further information, please contact the City Clerk's Office at (305) 663 -6340.
ALL interested parties are invited to attend and will be heard.
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.
pital, 6200 SW 73rd St., South Miami;
fourth Tuesday of each month. P
$10 per class. 786- 662 -8106.
sented by East Everglades Orchi
Real Pressed Flowers: Longtime
Society; doors open at 7 p.m. Tu(
teacher presents six- session courts -
day; University of Florida- Miami-
in pressing -flowers to make book
Dade Extension Building, 18710 S
marks, bouquets, greeting cards and
288th St., Homestead; free.
other decorative and useful items.
305- 248 -3311 or www.orc_hid-
Classes held in the Kendall area. $40
seeos.com.
for six -week session. Call Gloria at
Biscayne Bay Sailing Club: Sociz
305- 274 -0993.
meeting. Club also features mon
Taoist Tai Chi Society: Beginners
sails and other activities; 6:30 -8::
classes; 7:30 -8:30 p.m. Tuesday,
p.m. Thursday; Joe's Tiki Bar & G
Thursday; Marjorie and William
3301 Rickenbacker Cswy., Key Bi
McDonald Center, 17011 NE 19th Ave.,
cayne; call for price. 305- 665 -98
North Miami Beach; suggested dona-
or www.thesailingclub.com.
tion $50, $30'seniors. 954 - 454 =2235
Gordon Biersch Dinner and Net -
or taoist.org.
working Meeting: FIU Professor
John A. Stuart, prize- winning aut
BOOT(
of The New Deal in South Florida,
PRESENTATIONS
discusses how hard times, politic
design and resources mixed to
reshape a city in the 1930s; 6:30 -
Book Signing at Dynamo Museum
p.m. Thursday; Gordon Biersch, I
Shop: Features Luis Trelles of Trelles
Brickell Ave., Brickell; $40,$35
Cabarrocas Architects. He talks and
members. 305-592-7888 or
signs copies of two monographs-
mmills3054 @bellsouth.net.
Trelles Cabarrocas Architects (AC.AM
Biscayne Bay Young Republican
Ediciones) and Casas /Houses- Trelles
Happy Hour and General Meetln
Cabarrocas Architects (Kliczkowski);
Discussions on current events an
7 p.m. Thursday; The Wolfsonian-
politics. Meet and learn from poli
FIU, 1001 Washington Ave., Miami
candidates and government offi(
Beach; call for price. 305 -535 -1456
Meetings start at 7:30 p.m., folio%
or.paola @thewolf.fiu.edu..
cocktails and socializing at 6:301
Books & Books Presents: 265 Ara-
Meeting ends at 9:30 p.m. Tuesd,
gon Ave., Coral Gables; -
Sekai Asian Bistro, 3480 Main Hv
305- 442 -4408 or booksand-
Coconut Grove; call for price.
books.com.
305- 448 -0990 or www.miamiyo
• Riches Among the Ruins: Robert
grepublicans.com.
P. Smith presents his book which
Duplicate Bridge: 12:30 p.m. Mor
narrates his story of the search to
day, Thursday; Marjorie and Willi .
make money doing the riskiest kind
McDonald Center, 17011 NE 19th l
of business, traveling through five
North Miami Beach; $3.
continents and buying and selling
305- 931 -2286.
high -risk securities in the world's
Native Plant Society: Meets mon
most downtrodden economies; 8
on the fourth Tuesday of the mor
p.m. Thursday.
in Corbin A; 7:30 p.m. Tuesday; F
e Small Dog, Big Life: Denny Fried's
child Tropical Botanic Garden, 10
book is about Genevieve, a 7 -pound
'Old Cutler Rd., Coral Gables; free
papillon who dares to break the
786- 340 -7914 or www.fairchildg
canine code of silence, invites the
den.org.
reader into the inner sanctum of
Optimist Club of North Bay Villa
dogdom. A hilarious expose about
Dinner meeting for an organizab
what dogs really think of their own-
of civic- minded men and women
_
ers; 8 p.m. Tuesday.
prospective members welcome.
• The Golden %ears... The Florida
Meets at various restaurants; 6:3(
Legislature: State Sen. Robert
p.m. Wednesday; $11 -$15.
McKnight served the Florida legisla-
305- 758 -8188.
ture during the'70s and'80s. His first
Poker atAbraxas:8 p.m. Tuesda,
books is filled with personal political
5 a.m. Wednesday; Abraxas Lour
interactions and experiences; 8 p.m.
407 Meridian Ave., Miami Beach;
Wednesday.
305 -534 -9005 or tristan.ren-
SinsofSouthBeach. Miami Beach
and @gmail.com.
Historical Association presents book
Rotary Club of Coral Gables Lun
reading and discussion with presen-
cheon: Weekly luncheon feature:
liation by author and former, three-
guest speakers; 12:15-1:30 p.m.
time Miami Beach Mayor Alex
Thursday; The Westin ColonnadE
Daoud; 6 -8 p.m. Thursday; Miami
180 Aragon Ave., Coral Gables; ci
Beach Botanical Garden, 2000 Con-
for price. 305- 441 -8063 or www.
vention Center Dr., Miami Beach;
algablesrotary.org.
free. 786-970 -0061 or mbgar-
Rotary Club of Miami Airport:
den.org
Weekly lunch meeting. Speaker is
Storytime at Barnes & Noble: The
Charlotte Donn, associate vice pr
store's in -house storyteller reads
dent of marketing and communic
stories; 11 a.m. Saturday; Barnes and
tiohs for the YMCA of Greater Mii
Noble Aventura,18711 Biscayne
Discussions os on various cha.rita
Blvd., Aventura; free. 305-935-9770.
programs available through the
-
YMCA in Miami and how Rotary
CLUBS /MEETINGS
Clubs can get involved; 12:15 -1:30
p.m. Thursday; 94th Aero Squadr
Annual Orchid Auction: Begins with
1395 NW 57th Ave., Flagami; $17.
a mini -class at 7:15 p.m., followed by
305- 270 -1616 or elaine @bildpror
the general meeting and program at.
ties.com.
8 p.m. Tuesday, May 26 and every
Sky Lake - Highland Lakes Area