01-09-07 Item 9South Miami
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,N p CITY OF SOUTH MIAMI 1111.
OFFICE OF THE CITY MANAGER
R INTER- OFFICE MEMORANDUM zoos
To: The Honorable Mayor Feliu and Members-of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department `
Date: December 19, 2006 Agenda Item No., 9
Subject: Amending the City's Code to require properties being developed to retain
stormwater drainage on -site.
Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING
SECTION 10A -45 OF THE . CITY'S CODE IN ORDER TO REQUIRE
PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO
PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO
OR CAUSING RECURRENT OR EXCESSIVE PONDING ON ADJOINING
PROPERTIES OR PUBLIC RIGHS -OF -WAY AND TO AMEND THE
PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND
DRAINAGE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE
Request: To approve amendment to current ordinance to 4require properties to retain
stormwater drainage on -site.
Reason /Need: The intent of this amendment to Section 1OA -45 of the City's Code is to
prevent development that would result . in contribution to recurrent or
stormwater runoff from developing property, on to adjoining property or
right -of -way. With this change, developers would be forced to properly
grade their property such that stormwater runoff would be retained on site
as currently specified in section 20 -4.7 of the City's Land Development
Code.
In addition, this change would require. developers to provide certification
by a professional engineer, prior to completion of construction, which
development and site complies with the requirement to maintain
stormwater on site, or provide adequate drainage so as to prevent or
causing recurrent and /or excessive ponding to adjoining properties or
public rights -of -way.
Cost: N/A
Backup Documentation:
® Proposed Ordinance
1 ORDINANCF; NO.:
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 DRAINAGE; AMENDING SECTION 1OA -45 OF THE CITY'S
6 CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
7 STORMWATER DRAINAGE ON SITE SO AS TO PREVENT
8 DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING
9 TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON
10 ADJOINING PROPERTIES OR PUBLIC RIGHS -OF -WAY AND TO
11 AMEND THE PERMITTING PROCESS SO AS TO ENSURE
12 PROPER REVIEW AND DRAINAGE; PROVIDING FOR
13 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the Mayor and City Commission of the City of South Miami desire
17 to promote, protect and improve the health, safety and welfare of the residents and
18 businesses of, and visitors to, the City of South Miami by enhancing the minimum
19 requirements of the Florida Building Code; and,
20
21 WHEREAS, prior to the passage of the Florida Building Code, south Florida was
22 governed by the South Florida Building Code (SFBC), which code required individual
23 property owners to maintain all rain run -off on their property; and,
24
25 WHEREAS, the SFBC is no longer in application, and the city desires to
26 implement certain safeguards to ensure that stormwater drainage is properly regulated;
27 and,
28
29 WHEREAS, flooding is a major issue in the state of Florida and specifically a
30 major issue for the general health, welfare and safety of the residents and businesses of
31 South Miami, and,
32
33 WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
34 163 and 166, Florida Statutes, the City desires to enhance its minimum Housing standard,
35 to require, individual property owners to maintain stormwater drainage on their
36 properties; and,
37
38 WHEREAS, the City already amended section 20 -4.7 of the City's land
39 development code to require properties to maintain stormwater on site, or provide
40 adequate drainage so as to prevent contributing or causing recurrent and/or excessive
41 ponding to adjoining properties or public rights -of -way; and,
42
Additions shown by underlining and deletions shown by ever g
1 WHEREAS, the Mayor and City Commission desire to amend section IOA -45 of
2 the City's Code to require greater permitting requirements relating to flood zones.
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
6
7 Section 1. Section 10A -45 is amended to reads as follows:
8
9 Application for a development permit shall be made to the building official on
10 forms furnished by him or her prior to any development activities, and may include, but
11 not be limited to, the following plans in duplicate drawn to scale showing the nature,
12 location, dimensions, and elevations of the area in question, existing or proposed
13 structures, earthen fill, storage of materials or equipment, drainage facilities, and the
14 location of the foregoing. Specifically, the following information is required:
15
16 (3) Application stage.
17 a. Elevation in relation to mean sea level of the proposed lowest floor
18 (including basement) of all buildings;
19 b. Elevation in relation to mean sea level to which any nonresidential.
20 building will be flood proofed;
21 C. Certificate from a registered professional engineer or architect that
22 the nonresidential floodproofed building will meet the floodproofing
23 criteria in section 10A- 49(2), of this article;
24 d. Description of the extent to which any watercourse will be altered or
25 relocated as the result of proposed development.
26 e. Survey by profession surveyor and/or mapper to locate lowest
27 elevation point, and spot elevations;
28 f. Certified geotechnical company percolation testing to find out how
29 fast the water drainage through soil to determine the need for and
30 type of drainage system to be installed at the site, with such drainage
31 system to include, but not be limited to exfiltration trench systems;
32 g_ Detailed plans documenting the existing stormwater drainage
33 condition of the site, the adjoining properties, and rights -of way,
34 h. Detailed plans documenting the scope of work in order to ensure
35 proper drainage of the site and documenting compliance with section
36 20- 4.7(C)(4);
37 i. A 125 percent of estimated cost performance bond for public right-
38 of -way improvements;
39 1 Development, with proper expert testimony and analysis, of a
40 Maintenance of Traffic (MOT) plan, which plan shall be provided
41 prior to construction, to ensure safe passage of both pedestrian and
42 motorist traffic adjacent to proposed drainage work.
Additions shown by underlining and deletions shown by ever-stfiking.
I
k.
Submittal of all plans and permit documents to the City of South
2
Miami's "site review committee" which committee shall consist of
3
representatives of the city's building, zoning, public works
4
departments in order to obtain review and sign off as to proposed
5
development permits.
6
7
(4) Construction
stage.
8
a.
Provide a floor elevation or floodproofing certification after the
9
lowest floor is completed. Upon placement of the lowest floor, or
10
floodproofing by whatever construction means, it shall be the duty of
11
the permit holder to submit to the building official a certification of
12
elevation of the lowest floor, floodproofed elevation as built, in
13
relation to mean sea level. Said certification shall be prepared by, or
14
under the direct supervision of, a registered land surveyor or
15
professional engineer and certified by same. When floodproofing is
16
utilized for a particular building, said certification shall be prepared
17
by or under the direct supervision of a professional engineer or
18
architect and certified by same. Any work undertaken prior to
19
submission of the certification shall be at the permit holder's risk.
20
The building official shall review the floor elevation survey data
21
submitted. Deficiencies detected by such review shall be corrected
22
by the permit holder immediately and prior to further progressive
23
work being permitted to proceed. Failure to submit the survey or
24
failure to make said corrections required hereby, shall be cause to
25
issue a stop work order for the project, and refusal to issue a
26
certificate of use or occupancy.
27
28
b.
Provide certification by a professional engineer, prior to completion
29
of construction, that development and site comply with the
30
requirements of 20- 4.7(C)(4). The building official shall review the
31
floor elevation survey data submitted. Deficiencies detected by
32
review shall be corrected by the permit holder immediately and prior
33
to further progressive work being permitted to proceed. Failure to
34
submit the survey or failure to make said corrections required herein
35
or pursuant to section 20- 4.7(C)(4) of the City's land development
36
code, shall be cause to issue a stop work order for the project, and
37
refusal to issue a certificate of use or occupancy_
38
39
Section 2.
If any section, clause, sentence, or phrase of this ordinance is for any
40 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
41 shall not affect the validity of the remaining portions of this ordinance.
42
Additions shown by underlining and deletions shown by everstfiking
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Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of November, 2006.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
1 st Reading -
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
shown by underling and deletions shown by everstFil
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"How about some crosswoms
`
an your croissant?"
Nothing goes better with breakfast
than The Miami Hemld, delivered.
1- 800 - 441 -0444
A ) COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, January 9, 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 RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL
REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL
TERM, WITH i"N::,v114*1e Ri;.'6'. ;;64:,,M N OPTION TO RENEW FOR AN
ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE
FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES.
AN ORDINANCE RELATING TO DRAINAGE; AMENDING SECTION 1OA -45 OF
THE CITY'S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT
WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR
EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF-
WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER
REVIEW AND DRAINAGE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION. OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE SPECIALITY RETAIL ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85 %fl OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE
ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW
74th STREET; (2) ALLOW A BUILDING TO HAVE 50,163 SQUARE FEET WHICH
EXCEEDS THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th
COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
REGULATING PLAN; ALL FCR PROPERTY GENERALLY LOCATED AT 5966 -70
SOUTH DIXIE HIGHWAY.
A RESOLUTION RELATING TO A REQUEST FOR THREE VARIANCES FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW
THE CONSTRUCTION OF TWO STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE
VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF
6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60
FEET IS REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD
SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE 10 FEET IS
REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE FOOTAGE OF THE
SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100 %) AS THE FIRST .
FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TO 60% OF THE FIRST FLOOR SQUARE FOOTAGE.
A RESOLUTION RELATING TO A REQUEST FOR VARIANCES FROM SECTION
20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE
CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 60.16 SW 63 STREET, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLR FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES
WHERE A MINIMUM OF 25.FEET IS REQUIRED.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 33(D)
OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO .
LOCATE AN ANIMAL HOSPITAL FACILITY IN THE "GR" GENERAL RETAIL
ZONING USE DISTRICT SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY.
Above items can be inspected in the City Clerk's Office, Monday -. Friday during regular
office hours. If you have any inquiries on the above items please contact the City Clerk'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 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.