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01-08-08 Item 5• • • South Miami All- America city 1 1 CITY OF SOUTH MIAMI �© • IP 127 ORATEDP � .11 o R. itT� OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager'r� -/ From: Julian Perez, Planning Directo Date: December 18, 2007 ITEM No._ Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15 "DEMOLITION REQUIREMENT STANDARDS;" PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND After.recent concerns on demolition sites were expressed by members of the City Commission it was determined that the City did not have regulations in place that would regulate the building demolition process. It was agreed that the demolition of a structure and methods used during a demolition can cause damage to adjoining property and increase the risk of injury to the general public. The Administration has prepared a draft ordinance amending the City Code to respond to this issue. The ordinance includes regulations suggested by the Building Director, Code Enforcement Division Chief, City Attorney, and the Planning Department. The proposed legislation responds to concerns about potential impacts of demolition, including but not limited to public safety, tree preservation, recycling of materials, site accessibility, site safety, and site aesthetics. It requires the submission of a site management plan prior to issuance of a demolition permit. TECHNICAL CHANGES AFTER FIRST READING During the first reading of the proposed ordinance, it was suggested that a process to exempt the fence requirement for a demolition project that could be accomplished in one day be incorporated in the ordinance. This could be done under the discretion of the Building Official. This is shown on p.2 lines 39 -40 of the proposed ordinance. The staff has added an additional requirement which clarifies that the fence must remain until construction begins unless the Building Official allows an exemption. This is shown on p.2, lines 45 -46 of the proposed ordinance. RECOMMENDATION It is recommended that the revised proposed ordinance be approved. Backup Documentation: Draft Resolution (Revised) JP /SA1'X:\Comm Items \2007 \12 -18 -07 \Demolition Ord CM Report.doc • I 2 ORDINANCE NO. 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE 5 SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15 6 "DEMOLITION REQUIREMENT STANDARDS;" PROVIDING 7 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 8 DATE. 9 10 11 WHEREAS, the purpose of this ordinance is to establish clear demolition 12 standards for residential and non - residential structures in the City of South Miami; 13 and 14 15 WHEREAS, it is important to have clear, consistent and easy to use 16 regulations within the Code of Ordinances; and 17 18 WHEREAS, the demolition of a structure and practices used during 19 demolition can cause damage to an adjoining property and increase the risk of injury 20 to the general public; and 21 22 WHEREAS, the potential for impacts of demolition, including but not 23 limited to public safety, tree preservation, recycling of materials, site accessibility, • 24 site safety, and site aesthetics will be better served by the creation of requirements 25 that specifically address the preparation and approval of a site management plan 26 prior to issuance of a demolition permit. 27 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 33 confirmed as being true and correct and are hereby made a specific part of this 34 Ordinance upon adoption hereof. 35 36 SECTION 2. Section 7 -15.1 "Definitions" of Chapter 7 of the Municipal 37 Code is hereby added as follows: 38 39 "Demolition" shall mean the partial or complete destruction or removal of a building 40 or portion thereof on any site. 41 42 "Demolition Permit" shall mean a permit issued by the City of South Miami 43 Building Department providing clearance to undertake a demolition. 44 45 "Incidental Structural" mean accessory structure or buildings, including but not 46 limited to sheds, trellises, fences, gazebos, play structures, and other similar 47 structures as determined by the Planning and Building Directors. 1 2 • 1 "Structures" shall mean anything constructed or erected, the use of which requires 3 permanent location on the ground or attached to something having a permanent 4 location on the ground; including but not limited to: buildings, signs, backstops for 5 tennis courts, fences, screen, enclosures and pergolas. 6 7 SECTION 3: Section 7 -15.2 "Demolition Requirement Standards" is hereby 8 added as follows: 9 (a) No demolition may occur within the City of South Miami, without obtaining 10 a demolition permit that has satisfied all requirements set forth below. For all 11 demolition within the City, the following shall be completed and/or submitted 12 prior to the issuance of a demolition permit and prior to the commencement 13 of any and all demolition activity: 14 15 1. A site management plan shall be submitted to City's Building 16 Department for review and approval prior to issuance of the 17 demolition permit. The site management plan shall include a plan of 18 the structure to be demolished, location of utilities, location of septic 19 tank (if applicable), material recycling, tree identification and 20 protection, site grading, sidewalk protection and measures to control 21 pedestrian access around the site, runoff control, weed control, 22 fencing or screening, site appearance control, and a demolition 23 schedule. • 24 2. A notice of application for the demolition permit shall be posted in a 25 prominent location on the site for public inspection. 26 3. Any additional documents that may be required by the Building 27 Department, including but not limited to a survey of the property; 28 letter of disconnect from FP &L; water and sewer capping; approval 29 of outside agencies (when applicable) such as DERM; and the 30 Department of Health. 31 32 (b) All demolition sites shall be maintained free of debris and scrap materials. 33 34 (c) During hurricane season (June thru November), site shall be maintained 35 cleaned of loose debris and/or secured in accordance with the City of South 36 Miami Code and the Florida Building Code. 37 38 (d) All demolition sites shall be enclosed with a temporary six -foot fence which 39 shall be installed prior to starting . the demolition activity, unless exempted by 40 the City of South Miami Building Official: 1-:4--wept -as ooth@nvise 41 , The fence shall be chain link, covered 42 with green or black nylon material screening the demolition from view, and 43 installed on the front, side and rear lot lines. The fence shall not be placed so as 44 to create a public hazard and the fence gate shall be locked during nonworking 45 hours. The fence shall remain in place until construction is initiated. unless 46 exempted by the City of South Miami Building Official Additional protective 47 safeguards may be required where the city identifies an attractive nuisance. 2 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 • 46 48 (e) All demolition sites shall be monitored for dust control by hosing of debris with water. (f) All pavement, surfacing, driveways curbs, walks, buildings, utility poles, fences, and other surface structures affected by the demolition operations, together with all sod and shrubs in yards, parkways, and medians shall be restored to their original conditions, whether within or outside the easement right -of -way. All replacements shall be made with new materials. (g) All demolition sites shall comply with the City's noise code, demolition activity is limited between the hours from 7:00 A.M. -6:00 P.M., Monday thru Friday. Saturday hours shall be from 9:00 A.M. to 5:00 PM. No demolition activity is permitted on Sunday. SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5: 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 6: This ordinance shall be codified and included in the Code of Ordinances. SECTION 7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2007 \12- 18- 070emollition Ordinance 12- 18- 2007CA.doc , 2007 MAYOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts- Cooper: Commissioner Beckman: 3 r� r1 • ZZ_� ZLLNTOZ6 QZZWZW 2WJ2>WYW ooNLL oxa -F-x m> u� pFp ..m powo yF-U C7vr F .NUN�ws2 mzawzm 02 0U W Z. m ZD- W p�0�- :` 9 ¢WQR OO grxU�w Q W Z? CWH Q LL U H J m Q. 2 N LL 2 w >U W9 Q6WJj2Ww OTiQKUNLL O = u • NAM WN a1 C0 Mc; NEW E ;. � eke egi o��1 ses OtSty�z - 1 1 I• 1 , COURTESY 'NOTICE CITY OF SOUTH MAW, FLORIDA On Tuesday; December 18, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING THE SOUTH N41AMI CODE OF ORDINANCES BY AMENDING SECTION 15 99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS. AND PROVIDING PENALTIES. -AN ORDINANCE RELATING TO A REQUESTTO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5893 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT .CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS ANp FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, BIO- HAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES. AN ORDINANCE AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -151 "DEMOLITION REQUIREMENT STANDARDS." / A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT INTERLOCAL AGREEMENT AS REQUIRED BY STATE STATUTE 163.3177. AN ORDINANCE AMENDING THE SOUTH MIAMI COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW. If you have any inquiries on the above items please contact the Planning Department's office at: 305 - 663 -6326: ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CRIC City Clerk (I 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 tes- timony and evidence upon which the appeal is to be based. C C C_r v 7 0 N E ro z O O N I ; j COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, January 8, 2008, beginning at 7:30 p.m, in the I City Commission Chambers, 6130 Sunset Drive, the.. City. Commission will hold Public Hearings to consider, the following items: l AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL `. ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT'' CODE BY'.DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE-AND BY. PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV : OVER THE _ EXISTING ZONING, USE DISTRICT FOR THIS PROPERTY' AN ORDINANCE AMENDING SECTI ON 2.2612 :ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP. AND CHAIRPERSON SELECTION PROCESS. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION _ ? -15. "DEMOLITION i REQUIREMENT STANDARDS.- AN ORDINANCE AMENDING ORDINANCE 31 -07 -1932 RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS; II AND III; SCHEDULING THE DAYS, PLACE AND TIME -OF THE ELECTION; SCHEDULING THE DAYS PLACE AND TIME OF EARLY VOTING PROVIDING FOR QUALIFICATION . OF CANDIDATES; PROVIDING FOR CLOSE OF_ ELECTION BOOKS; a APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. If you have any inquiries on the above items please contact the Planning l , Department's office at: 305 - 663 -6326: ` 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 ff a person decides To appeal any f . decision made by this Board, Agency or Commission with respect to any matter considered at Its appeal 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 Wade=ivh— 7eford Includes the tes0mony and evidence upon which the appeal is to be based. _ maritime traffic. The detour Street and Q' LU route will be south on a two- South Dixie Highway LU lane, one -way Southwest Intermittent lane closures ° LU Siath.Avenue, then east on Southwest Eighth Street until will occur-6n Le Jeune Road and its side streets between > Southwest Second Avenue 7 am. and 4 p.m. Access to j V) and northbound back to residences and businesses, as Southwest First Street. well as turn lanes at all major c Q intersections, will be main - SOUTHWEST EIGHTH tained at all times.. _ f STREET a' One eastbound lane between LE JEUNE.ROAD _ Southwest First and Second near SR 112 avenues, and Southwest At the entrance to Miami o Fourth and Fifth avenues is closed weeknights from International Airport from State -O 8 p.m. to 530 am. Road W, expect delays along southbound Le jeime a Road between Northwest : E p, A$ fS REA 36th and 21st streets and at the S R 1 2 on= ramp'to MIA ' i LE JEUNE ROAD between Southwest .16th I ; j COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, January 8, 2008, beginning at 7:30 p.m, in the I City Commission Chambers, 6130 Sunset Drive, the.. City. Commission will hold Public Hearings to consider, the following items: l AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL `. ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT'' CODE BY'.DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE-AND BY. PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV : OVER THE _ EXISTING ZONING, USE DISTRICT FOR THIS PROPERTY' AN ORDINANCE AMENDING SECTI ON 2.2612 :ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP. AND CHAIRPERSON SELECTION PROCESS. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION _ ? -15. "DEMOLITION i REQUIREMENT STANDARDS.- AN ORDINANCE AMENDING ORDINANCE 31 -07 -1932 RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS; II AND III; SCHEDULING THE DAYS, PLACE AND TIME -OF THE ELECTION; SCHEDULING THE DAYS PLACE AND TIME OF EARLY VOTING PROVIDING FOR QUALIFICATION . OF CANDIDATES; PROVIDING FOR CLOSE OF_ ELECTION BOOKS; a APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. If you have any inquiries on the above items please contact the Planning l , Department's office at: 305 - 663 -6326: ` 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 ff a person decides To appeal any f . decision made by this Board, Agency or Commission with respect to any matter considered at Its appeal 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 Wade=ivh— 7eford Includes the tes0mony and evidence upon which the appeal is to be based. _ JHN- 104-t=UWd ITJ:ge rrom:Utft< I'liami Le9als 3b5 34fbb.Sb v CITY OF SOUTH MIAMI NOTICE OF PUBLIC NEARING NOTICE IS HEREBY yivun lltul lhu Lily Comtiflusiun of Itte City of South Miami. Florida will conduct Public Hearinns at itR rmnUlAr Chy Cnmmltalnn mootlnn,nrhAdlll9d for TUA6(ldv, January 8, 2008 beginning At 7:30 p.m. in tho City Commiar inn Chamhnrr., A13t) Stu)5 ;t privy. W considcr the following itcros. AN ORDINANCE Or THE MAYOII AND CITY COMMISSION OF THE CITY OF SOl1TH MIAMI. FI. ()ninA. RFI,ATING Tn A REOLIEST TO AMEND THE OFFICIAL ZONING MAP OF 1 HE (;I I Y OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SI!NSFT DRIVE AS AN HISTORIC SITE AND BY PLACEMENT' OF AN HIS I ORIC PHE56HVA l ION OVtHLAY ZONE (HP -OV) OVER THE EXISTING ZONING US[ DISTRICT FOR TI IIS PROPERTY; PROVIDING FOR SEVER - ARII ITY; PROVIDING FOR OR1jINANCFS IN CONFI..ICT; AND PROVIDING AN EFFECTIVE DATE. AN UI'IDINANGL Of: IHL MAYON AND CI I Y GUMMI551UN OF THE CITY OF SOUTH MIAMI, RELATED TOTHF CITY OF SOUTH MIAMI CITY C(OOE, AMENDING SECTION 2 26 12 ENTITLED "GREEN TASK FORCE." IN ORDER TO MODIFY TttL MEMBERSHIP AND CHAINPEPISON SLLLC f IUN PROCE53; PROVIDING FOR SEVERADILITY; PROVIDING FOR OR0INAN(7ES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYon AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER / OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTIUN 7.15 'DEMOLITION RE'UUIREMENT STANDAIIDS;,, PIIOVInING srVrnARil ITV, 01IDINANCrs IN CONFLICT. AND AN EFFECTIVE DATE. AN OHUINANCI= OF I HF MAYOH ANU CI I Y COMMISSION OF THC CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE 31.07.1932 RELATING TQ TI IE VFAM 2008 GF.NFRAL. ELECTION OF THE MAYOR AND CITY COMMIS- SIONERS FOR GROUPS, 11 AND III. SCHEDULING THE DAY;;, PLACE AND TIME OF THE ELECTION; SCHEDULING TI IE DAYS. PLACE AND TIME OF EARLY VOTING; PnOVID• INC. FOR fOUAI.IFICATION OF CANr)l17ATF.i; PROVIDING FOH CLO9t OF tLEL IlON 60OKS, APPHOVING 1 HE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION: PROVIDING FOR SEVERADILITY, ORDINANCES IN CnNFI ICT, AND AN FFFFCTIVF DATF. It you hove any Inqulrlos on tho nhov0 hcros pinngr, roniart tho Plnnning DoporlmonYS offico at: 305. 663.6326 ALL inleresterf parties nre invited to allend and will ire heurd. Maria M Menendez. CMC City cic u Pursuant to rinrida Standatt 296.0105, the City harnhy adviRaR thn puhlin thAt if a pornon daride6 to appeal any docition mar% by lhi6 Fir;Irrii.I, Agrjnr;y (it C)mroi figs wilt) (i)q)(10 f)?ny mattor npnr.iAgn)(I nt ifs maatlnp or hearing, ho or Rha will noel a rerord of thn pmr.eadingR, and that for such purposo, affactod person may mood to onsurs that a vnrhatim mcnrrl of tho pi000ndint;R is medn whirh rnC.prrl inrlurloF. rho 1Cslilnuny told OklkI IICU upat) wllicil ZIIU appeal it; lu Du Uatic(l. 12128 07.3.021939 1 1 7M PROOF I o: 305bb-)b34d r . Cf 1,3