03-07-06t` x`'#.,,. .F+'('YiEiK,'�'.=,?s`iJC,C"4";Y .'.ti.,2.KKE'�.�.% .....;:. �s,, k','t,'i'/F5",9:- ✓."'.,"""KiKC? ....... a "u s / ✓. /b� .Ylv //C..Cr101�aY�"/
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D Presentation(s) 7:00 p.m.
Police Officers of the Month for December 2005 and January
2006.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes: January 11, 2006
REGULAR CITY COMMISSION l
AGENDA March 7, 2006
� o ,,. ':?°.",'�KU' °'"_ `: , ,.R,3" .z; s •'7s° .
2.
City Manager's Report:
a) National League of Cities membership
3.
City Attorney's Report
PUBLIC REMARKS
CONSENT
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
PURCHASE OF SECURITY CAMERAS AND RECORDING EQUIPMENT
FROM ALFI ELECTRONICS, INC. IN AN AMOUNT NOT TO
EXCEED $11;000.00 USING FUNDS FROM THE COMMUNITY
CENTER MAINTENANCE & REPAIR ACCOUNT NUMBER 001- 2020
519 -4670 AS PROVIDED IN THE FY 2005 -2006 BUDGET;
PROVIDING FOR AN EFFECTIVE DATE. 3/5,
(A RESOLUTION AUTHORIZING THE PURCHASE OF SECURITY CAMERAS` AND
RECORDING EQUIPMENT FROM ALFI ELECTRONICS, IN AN AMT NOT TO EXCEED
$11,000 USING FUNDS. FROM THE - COMMUNITY CENTER MAINTENANCE & REPAIR
ACCOUNT WITH A CURRENT BALI$20,562. 85)
(City Manager)
5.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NUMBER 01 TO GRANT°
AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT
DISTRICT FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE. 3/5
(A 'RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 01 TO GRANT AGREEMENT WITH SO FL WATER MANAGEMENT DISTRICT FOR
WATER DISTRIBUTION SYSTEM IMPROVEMENTS)
(City Manager)
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE ONE 2006 FORD CREW CAB TRUCK AND
ONE 2006 24- PASSENGER CHAMPION BUS AT A TOTAL COST
OF $113,260.57 WITH THE FIRST OF FIVE YEAR'S -
INSTALLMENT PAYMENTS NOT TO EXCEED $22,652.11 TO BE
CHARGED TO THE PARKS AND RECREATION DEPARTMENT'S
LEASE PURCHASE ' - TRUCKS ACCOUNT NUMBER
001.2000.572.4455 AS PROVIDED IN THE FY 2005 -2006
BUDGET; PROVIDING AN EFFECTIVE DATE.' 3/5
REGULAR CITY COMMISSION 2
AGENDA
- March 7,'2006
(A RESOLUTION AUTHORIZING- THE CITY MANAGER TO PURCHASE ONE 2006 FORD
CREW CAB TRUCK AND ONE 2006 24- PASSENGER CHAMPION BUS AT A 'TOTAL COST
OF $113,260.57 WITH THE FIRST OF 5- YEAR'S INSTALLMENT PAYMENTS NOT
TO EXCEED $22,652.11 TO BE CHARGED ` TO THE PARKS & RECREATION DEPT'S
LEASE PURCHASE' TRUCKS ACCT W /CURRENT BAL$22, 700) '
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAM, FLORIDA ALLOWING THE TERM OF
OPERATION OF THE AFFORDABLE HOUSING ADVISORY
COMMITTEE TO BE EXTENDED UNTIL JUNE 30, 2006
PROVIDING FOR AN EFFECTIVE DATE,_ 3/5
(A 'RESOLUTION ALLOWING THE TERM OF OPERATION OF THE AFFORDABLE
HOUSING COMMITTEE TO BE EXTENDED UNTIL 6130106)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC
NEARING (S)
8. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S)
ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR
PERMANENT GENERATORS IN 'RESIDENTIAL ZONE DISTRICTS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
i
RESOLUTION (S)/PUBLIC HEARING (S)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -3.4 (B) (4) (b) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE
i
A RESTAURANT TO BE CALLED CHEESEBURGER 'IN PARADISE
IN THE "SR (HD)" SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT
5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)
PROVIDING AN EFFECTIVE DATE 4/5
(A RESOLUTION PURSUANT TO A REQUEST FOR SPECIAL USE APPROVAL - TO
LOCATE A RESTAURANT TO BE CALLED "CHEESEBURGER IN PARADISE" LOCATED
AT 5701 SUNSET DRIVE , (SHOPS AT SUNSET` PLACE)
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - March 7, 2006
--�;a 2s-, ^-r.<,� --'� ;. �..;�ws�s, *".,, ^F��, ; ,U nr ,:.`''� -,:.; .. �r.� .i""<—°' a�s�, u,,.;, s•,;
RESOLUTION (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
HIRING A FORENSIC AUDITOR; AUTHORIZING THE ISSUANCE
OF AN RFQ FOR PROFESSIONAL FORENSIC AUDITING
SERVICES; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A _RESOLUTION RELATING TO HIRING A FORENSIC AUDITOR; 'AUTHORIZING `THE
ISSUANCE OF AN RFQ FOR PROFESSIONAL FORENSIC AUDITING SERVICES)
(Vice Mayor'Wiscombe)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
11. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H) ,
(I) , (J) , (K) , (L) , (M) and (N) FROM ARTICLE IV,
SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN
ORDER TO PROVIDE FOR A NEW SECTION 20 =4.11 TO BE
ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE
REMOVAL PERMIT APPLICATIONS', REQUIREMENTS, REVIEW,
FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE
MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT,
PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY
ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE
HOUSING CONCURRENCY" IN ORDER TO RESERVE THE EXCESS
RECREATION /PUBLIC PARK LAND ACREAGE ABOVE THE
ADOPTED LEVEL OF SERVICE TO BE USED EXCLUSIVELY TO
MEET CONCURRENCY FOR AFFORDABLE HOUSING PROJECTS;
PROVIDING FOR SEVERABILITY;; PROVIDING: FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN A
EFFECTIVE DATE'. 3/5
(City Manager)
REGULAR CITY COMMISSION 4
AGENDA - 'March 7, 2006
. ery"�,r ,..%�.. -�- �"�°"�'.Tfi4 arF'3a�se .�„- '.�-., �`;*�`;"?�`�+°r;;,'t.3,',?�„.'t n�. +�. �"�`- �B^5'��P Er, ^5�-g,�v!"'��.. %"fir ✓ .:,_ s�'1"-,�s'�,.�a�R -x� b
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING<
LOCATED AT 6133 SW 63rd TERRACE AS AN HISTORIC SITE'
AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;'
AND PROVIDING AN EFFECTIVE DATE 3/5
(City Manager)
14. AN ORDINANCE OF THE MAYOR: AND CITY COMMISSION OF
THE CITY OF SOUTH' MIAMI, FLORIDA," RELATING TO A
REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING
LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC SITE
AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING' ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE 3/5
(City Manager)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY
BUILDING) LOCATED AT 5837 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; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION
MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION
2 -2. 1(K) (2) OF THE CODE OF ORDINANCES PROVIDES
THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME 'BOISTEROUS
i
REGULAR CITY COMMISSION 5 AGENDA - March 7. 2006
WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH
BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY
THE PRESIDING OFFICER, UNLESS PERMISSION TO
CONTINUE,
COMMISSION REMARKS
PURSUANT TO FLA 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. -THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION'
OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE
CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.
REGULAR CITY COMMISSION 6
AGENDA - March 7, 2006
To strengthen
and promote E
cities as centers 1"", V
of opportunity rys-�• Q "
I )
leadership, and
governance. ,
IT°;r FPYI a ° ' - FiCE
National League February 3, 2006
of Cities
Dear Member:
1301 Pennsylvania Ave:'; NA. Thank you for the support your community, a valued member of the National League
Washington, DC 20004 -1763 of Cities; has given our organization.
202- 626 -3000
Fax: 202 - 626 -3043 NLC membership dues for 2005 have increased; the enclosed invoice for the period
www.nlc.org May 1, 2006 — April 30, 2007 reflects that increase. (NLC dues are scaled to
population.)
2006 Officers
President
James C. Hunt NLC is the oldest (nearly 80 years); largest and most representative national
Councilmember organization serving local governments. As your collective voice in the Nation's
Clarksburg, west Virginia Capital, NLC depends on your support to ensure the passage of national legislation
PirstVice' President and the adoption of federal policies favorable to local governments of all sizes on the
Bart Peterson
11 Mayor issues that concern you most. Membership in NLC also gives your community's
Indianapolis, Indiana Pres ident t elected and top appointed officials the opportunity to tap the experience and ability of
Second
Cynthia McCollum municipal leaders nationwide and to access the resources and information necessary
Council Member for making sound decisions.
Madison, Alabama
Immediate Past President If Williams If you have questions about renewing your community ' s NLC membership or
Mayer about how to become more involved in NLC, I invite you to contact our Membership
Washington, DC Department at (202) 626 -3190 or visit our recently expanded website www.nlc•org.
Executive: Director
Donald J. Borut
We look forward to your continued support and the opportunity to serve you in the
months and years ahead.
Very truly yours,
Donald J. Borut
Executive Director
Enclosure l s
Past Presidents: Clarence E. Anthony, Mayor, South Bay, Florida • John DeStefano, Jr., Mayor, New Haven, Connecticut • William H. Hudnut, III, Mayor, Town of Chevy Chase, Maryland • Sharpe James,
Mayor, Newark, New Jersey '• Brian J.O'Neill, Councilman, Philadelphia, Pennsylvania • Directors: R. Michael Amyx, Executive Director, Virginia Municipal League • Tommy Baker, Alderman, Osceola, Arkansas
• Vicki Barnett, Mayor, Farmington Hills, Michigan • Thomas Bredeweg, Executive Director, Iowa League of Cities •'Nora Campos, Councdmember, San Jose, California • Thomas Carlson, Mayor, Springfield,
Missouri • James Condos, Council Chair, South Burlington, Vermont • Joseph Donaldson, Mayor, Flagstaff, Arizona • Ted Ellis, Mayor; Bluffton, Indiana • Makin "Epie, Council Member, Cedar Hill, Texas •Margaret
Finlay, Mayor Duarte, California • Eddy Ford, Mayor, Farragut, Tennessee • Danny George, Executive Director, Oklahoma Municipal League, Inc. '• Gary Graham, Mayor, O'Fallon, Illinois '• Matthew Greller,
- Executive Director, Indiana Association of Cities and Towns •Jim Higdon, Executive Director, Georgia Municipal Association • Charles: Hughes, Council President, Gary, Indiana •. Steven Jeffrey, Executive Director,
Vermont League of Cities and Towns • Martin Jones, Council Member, Conyers, Georgia • Ronald Loveridge, Mayor, Riverside, California • Cynthia Mangini, Councilman-At-Large, Enfield, Connecticut• Marcia
Marcoux, Councilmember, Rochester, Minnesota • Michael McGlynn, Mayor, Medford, Massachusetts • James Mitchell, Jr., Council Member, Charlotte, North Carolina • Darryl Moss, Mayor, Creedmoor, North
Carolina • Ed Oakley, Councilmember, Dallas, Texas • James Perkins, Jr., Mayor, Selma; Alabama • Richard Radcliffe, Councilman; Greenacres )Florida • Dottie Reeder, Mayor, Seminole, Florida • Julie Aberg
Robison, Council Member At- Large, Cary, North Carolina •!Ron Schmitt,' Council Member, Sparks, Nevada • Shirley Scott, Council "Member, Tucson, Arizona -Anne Sinclair, Council Member, Columbia, South
Carolina • Walter Skowron, Council Member, Loveland, Colorado • Connie Sprynczyeatyk, Executive Director, North Dakota League of Cities -Ken Strobeck, Executive Director, League of Arizona Cities and `
Towns • Charleta Tavares, Council Member, Columbus, Ohio • Lynne Whalen, Council Woman, Casper, Wyoming Jacques Wigginton, Council Member, Lexington, Kentucky • Evelyn Woodson, Councilor,
Recycled Paper Columbus, Georgia
1301 Pennsylvania Avenue, NW #550 Membership Invoice
Washington, DC 20004 -1763 &
National League of Cities 202.626.3000 - 202.626.3043 fax Current Membership Data
{Renewal Information}
Bill To: City Customer #: 00000891
[ } Order No: 2003727703
Maria Davis - City Manager Invoice: 20023882
City of South Miami Payment:
6130 Sunset Drive -
'❑ Check #------------------
South Miami, FL '33143 ❑ Credit Card -- -Visa
____Mastercard
[ l Card #-----------=--------------=- - - - - -- Exp: - - - --
Name as it appears on Credit Card Authorized Signature
Membership Group
Population Range
Begin Date -
Amount
NLC /State League
Payment: $0.00
May 1; 2006
$1,324.00
Total: $1,324.00
Adjustments: $0.00
Payment: $0.00
Voluntary Contributions
Amount Due: $1,324.00
Legal Defense Fund contribution:
OR Other LDF,contribution:
suggested (5% of annual dues)
Total with suggested contribution: $1,390.00
Total Payment: / 302 (/, °°
{Membership Information - Please review the attached survey and make any corrections necessary}
advantage Is your city taking of
Member Discounts when you attend the 2006"
Actively participate' in NLC's constituency and
Congressional City Conference in Wasington, D.C.,
member groups, NLC's Policy and Advocacy
March 11 -15, 2006.
committees, and task forces.
* Member discounts when you attend the 2006
Take advantage of the city governance support
Congress of Cities & Exposition in Reno, Nevada,
offered to NLC members: Youth Education and
December 5 -9, 2006.
Families Institute, Affordable Housing Program,
Racial Justice Program, and many other programs
x Get involved with setting and advocating
and services that are available to our members!
municipal policies:
PLEAST REMIT PAYMENT AND
IlVIPORTANT MESSAGE:
COMPLETED `SURVEY TO:'
A municipality must be a current member of its
MEMBERSHIP LOCKBOX 4047
state league to be a member of the National
National League of Cities
League of Cities. If you have any questions
PO BOX 17425
about your membership, please contact our
Baltimore, MD 21298 -8240
membership office at 202 - 626 - 3190.
The amount shown above is the amount of your city's annual dues for membership in the National League of Cities. It includes the cost of an annual subscription to
Nation's Cities Weekly newspaper for eligible elected officials from your city. Questions or Corrections? Please contact the NLC Membership office at (202) 626 -3190.
Report: M: \GL0STER \Cognos \DMCINV17.imr
19804
MEMBER BENEFITS
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information and skills you need to enhance your job performance.
• Committees, councils, and panels
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I
South Miami
bftd�t3UT
k'! CRY
CITY OF SOUTH MUNI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor Date: March 7, 2006
and City Commission
From: Yvonne Soler+McKinl Agenda item
Acting City Manager Re Purchase of Security Cameras for
the Community Center Building
RESOLUTION;
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY- OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF SECURITY
CAMERAS AND RECORDING EQUIPMENT FROM ALFI ELECTRONICS, INC. IN AN
AMOUNT NOT TO EXCEED $11,000.00 USING FUNDS FROM THE COMMUNITY
CENTER MAINTENANCE & REPAIR:. ACCOUNT NUMBER 001-2020-519-4670 AS
PROVIDED IN THE FY 2005 -2006 BUDGET; PROVIDING FOR AN EFFECTIVE
DATE.
BACKGROUND & ANALYSIS:
In order to provide residents, visitors and employees at the South Miami Community
Center with the safest, most comfortable atmosphere passible, the Parks and
Recreation Department has budgeted funding for the installation of a security camera
system throughout the Community Center building. The system will consist of eleven
strategically located cameras, monitor and recording equipment. Eight cameras will be
located inside the facility and three cameras will ° document activities on the exterior of
the building.
Bids were solicited from three companies for the purchase and installation of the
equipment. Alfi Electronics, Inc. provided the lowest bid of $11,000.00 to supply and
install the equipment. Please see the attached quotations from Alfi Electronics, Inc., J &
D Security and SAK International, Inc.
Funds for this expenditure are reflected in the - approved 200512006 budget in the
Community Center Maintenance and Repair account number 001-- 2020 - 5194670 that
has a current balance of $20,562.85.
RECOMMENDATION:
We recommend that the City Manager be authorized to disburse $11,000.00 to Alfi
Electronics, Inc. for the installation of security cameras at the Community Center.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF SECURITY
5 CAMERAS AND RECORDING EQUIPMENT FROM ALFI ELECTRONICS, INC.
6 IN AN AMOUNT NOT TO EXCEED $11,000.00 USING FUNDS FROM THE
7 COMMUNITY CENTER MAINTENANCE & REPAIR ACCOUNT NUMBER 001 -
8 2020 -519 -4670 AS PROVIDED IN THE FY 2005 -2006 BUDGET; PROVIDING FOR
9 AN EFFECTIVE DATE.
10
I I WHEREAS, the safety and security of the visitors to the South Miami Community Center is of
12 the utmost importance; and
13
14 WHEREAS, the installation of security cameras will provide visitors to the Community` Center
15 with additional peace of mind and add to their comfort as they're at the Center; and
16
17 WHEREAS, the Parks and Recreation Department has budgeted funds in the FY 2005 -2006
18 budget for the installation of security cameras at the Community Center; and
19
20 WHEREAS, quotations were received from three companies for the installation of security
21 cameras, with AM Electronics, Inc. providing the lowest quotation.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
24 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
25
26 Section 1. The City Manager is authorized to disburse the sum of $11,000.00 to Alf
27 Electronics, Inc. for the purchase and installation` of a security camera system at the South Miami
28 Community Center.
29
30 Section 2. The disbursement be charged to the Community Center Maintenance and Repair
31 account number 001- 2020 -519 -4670 that has a current balance of $20,562.85.
32
33 Section 3. This resolution shall be effective immediately upon adoption.
34
35 PASSED AND ADOPTED this day of , 2006.
36
37 ATTEST: APPROVED:
38
39
40
41 CITY CLERK MAYOR
42
43 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
44 Mayor Feliu
45 Vice Mayor, Wiscombe;
46 Commissioner Palmer:
47 CITY ATTORNEY Commissioner Birts:
48 Commissioner Beckman:
49
50 CADocuments and SettingslArickeWy Documents \Word Documents\ResolutionSecurityCameras .doc
J
ALFI ELECTR
4 s01 �A*
NAME:
TITLE:
SIGNATURE:
DATE:
IF YOU SHOULD YOU HAVE FURTHER QUESTIONS IN REFERENCE TO THIS
PROPOSAL OR REQUIRE ADDITIONAL INFORMATION PLEASE DO NOT
HESITATE TO CONTACT OUR OFFICE.
THANK YOU,
BELINA ESQUENAZI
ADMINISTRATIVE ASSISTANT / ACCOUNTS MANAGER
SAM BEN -OMRY;
PRESIDENT OF AM ELECTRONICS, INC.
285 NE 185 ST. , SUITE #23 MIAMI FL, 33179
OFF.: 305 -654-8484 FAX: 305-654-9 799 ALT.: 305 - 932 -3656
.F C
SECUNTY
PROPOSAL PREPAIRED
PROJECT LOCATION:
CITY OF SOUTH MIAMI
5800 S.W. 66TH STREET
S. MIAMI, FLORIDA 33143
PER YOUR REQUEST HERE IS OUR BID.
SCOPE:
INSTALLATION OF A COMPLETE SURVEILLANCE SYSTEM TO COVER
THE PHASE 2 AREA OF THE CITY. THE SYSTEM WILL CONSIST OF 11
COLORED CAMERAS WITH DVR RECORDING.
PRICE:
THE ABOVE MENTIONED EQUIPMENT INCLUDES ALL NECESSARY
HARDWARE, CABLE, EQUIPMENT AND LABOR. (TAX NOT INCLUDED IN
THIS PRICE.
TOTAL INVESTMENT... $ 16,380.00 "+ 7 TAX.
TERMS:
50% DUE UPON THE SIGNING OF CONTRACTED PROPOSAL
50% BALANCE DUE UPON COMPLETION
APPROVAL OF QUOTE:
DATE
SIGNATURE
PLEASE PRINT NAME
5EKVICING ALL OF MIAMI -DAVE AND BROWARD COUNTY
CALL 305- 862 -3554
NAME
CITY OF SOUTH MIAMI
PHONE 305- 668 -7231
JDATE 2/312006
STREET
5800 SW. 66th STREET
JOB NAME PHASE #2 MURRAY PARK
CITY
SOUTH MIAMI '
STREET
STATE
FL 33143
CITY STATE
We hereby propose to furnish labor and materials -- complete in accordance with the above specifications, for the sum of
$14,500.00 with payment to be made as follows:
50 % DEPOSIT UPON SIGNING
50% DUE ON COMPLETION
All material is guaranteed to be as specified. All work to be completed in 'a workmanlike manner according to standard practices. Any
alteration or deviation from above; specifications involving extra costs will be executed only upon written orders and will become an
extra charge over and above the estimate. All agreements contingent upon strikes, accident, or delays beyond our control
This proposal' is subject to acceptance within days and it is void thereafter at the option of the undersigned
Authorized Signature .
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be
made as outlined above.
Accepted: Signature:
Date: Signature:
I.
ti
SO UT CITY OF SOUTH MIAMI South Miami KxXxxx
0- All-A"Cacly
Al
Inter- office Memorandum 1
• INCORPORATES • '®
1927
0 2001
TO: Honorable Mayor, Vice Mayor DATE: March 7, 2006
& City Commission
FROM: Yvonne S. Mckinle AGENDA ITEM No.
Acting City Manag RE: Authorizing the City Manager to
execute Amendment Number 01 to $725,000
grant agreement between the City of South
Miami and South Florida Water Management
District
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 01 TO GRANT AGREEMENT WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE
BACKGROUND & ANALYSISs
Following our 2004 Legislative Appropriations request, the city was granted $725,000 for much
needed water main distribution system extension within the City. The water main extension projects'
started` immediately, however, due to last year's busy hurricane season, the projects activities were
delayed for months. As a result, South Florida ;Water Management District agreed to extend the
agreement for approximately 9 months (until October 10, 2006).'
RECOMMENDATION:
It is recommended that the City Commission approve the resolution.
ATTACHMENTS:
Proposed resolution
C1 Original Grant Agreement with South Florida Water Management District
Proposed Amendment Number 0l
..
4
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
5 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
6 NUMBER 01 TO GRANT AGREEMENT WITH SOUTH FLORIDA WATER
7 MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS;
8 PROVIDING AN EFFECTIVE DATE
9
10
11 WHEREAS, the Mayor and City Commission wishes to continue accepting grant from
12 South Florida Water Management District (SFWMD); and,
13
14 WHEREAS, Amendment number 01 is intended to continue the city's $725,000 grant
15 provided for water main extension citywide.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION
18 OF THE CITY OF SOUTH MIAMI, FLORIDA:
19
20 Section 1 That the Mayor and City Commission authorize the City Manager to execute
21 Amendment number 01 for $725,000 grant from SFWMD
22
23 Section 2: The attached Amendment number 01 is made a part of the resolution.
24
25
26 PASSED AND ADOPTED this day of , 2006.
27
28 ATTEST: APPROVED:
29
30
31 City Clerk Mayor
32
33 READ AND APPROVED AS TO FORM: Commission Voter
34 Mayor Feliu:
35 Vice Mayor Wiscombe:
36 Commissioner Birts - Cooper:
37 CITY ATTORNEY Commissioner Palmer:
38 Commissioner Beckman
,s °^ r.'F's. P_,T�^zT;�.?¢ m'..,
x SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406' • (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 TDD (561) 697. -2574
• Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov
February 14, 2006
Mr. Ajibola Balogun
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Mr. ''Balogun:
Subject: Contract # OT050657 -A01
Water Distribution System Improvements
Please find enclosed two (2) copies of the subject' document. ' Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the
contract monetary limits.
Please return both copies to my attention, along with, if applicable and not previously
submitted, a Certificate of Insurance reflecting the required coverages) Do not date
the documents, a fully signed document will be returned to you upon execution by the
South Florida Water Management District (District). Note that this document is not`LL
binding on theli parties until it is approved by the appropriate level of authority within the
District and executed by both parties.
Your cooperation and timely response will be greatly appreciated.. Should there be any
questions,` or if you require any additional information, please contact me
Sincerely,i
C
Ruper@ Giroux
Contract Specialist
Procurement Department
rgiroux @sfwmd.gov -
(561) 682 - 2532
FAX: (561) 681 -6275
RG /cam
Enclosure
GOVERNING BOARD EXECUTIVE OFFICE
Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director
Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton
Pamela Brooks- Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr.
,�.. a. �-. � �.ra, -. r .,���: -� ,.".--r ,ter �m3` v� ..:�,"�5%,��,a�_�a;!,"'5,���', T''�•o,�.,�"' �� ..rn-`� - -:^' e°ar irry..A,�`t. ^.�.c °.,rv�±ps+r* � � �t...rs1 .. �r.� �,+,m'r!F
• SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
OT050657 -A01 ORIGINAL
AMENDMENT NO. 01
TO AGREEMENT NO. OT050657
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF SOUTH MIAMI
This AMENDMENT NO. 01, entered into on to
that AGREEMENT dated February 11, 2005, between "the Parties," the South Florida Water
Management District (DISTRICT), and City of South Miami (CITY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period
of performance and revise the Payment and Deliverable Schedule;
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
a) The term of the AGREEMENT is hereby extended by Eight (8) Months and the
expiration date, as amended, is October 10, 2006. ` Regardless of the actual date of
execution, this AMENDMENT NO. 01 shall be effective as of February 10, 2006.
b) The Payment and Deliverable Schedule, Exhibit "B" is hereby deleted in its entirety and
replaced by Exhibit "B1 ", attached hereto and made a part of this AGREEMENT.
c)' This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. -
d) All other terms and conditions of the AGREEMENT, as amended, remain unchanged.
Amendment No. 01 to Agreement No. OT050657 -- Page l of 2
• SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
IN WITNESS 'WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Carrie Hill, Interim Procurement Director
SFWMD PROCUREMENT AP 0- ,ED
By:
Date:
CITY OF SOUTH MIAMI
By;
Title`.
Amendment No. 01 to Agreement No. OT050657 -- Page 2' of 2
EXHIBIT B1
PAYMENT AND DELIVERABLES SCHEDULE
Total payment by the, to the City shall not exceed the amount of $725,000..00. All invoices shall be accompanied
by adequate documentation to support actual expenditures incurred by the City within the not -to- exceed amounts specified
below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly
progress reports and financial statements from the City with documentation to demonstrate completion of each project task
in accordance with Exhibit "A" Statement of Work requirements. The City is responsible for reviewing and approving
deliverables to ensure that project objectives are met. The City is also responsible for project management, budget
management and quality control.
* All dates are referenced from the date of contract execution.
** The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts
specified above. In the event actual expenditures by the City are less than the not -to- exceed for a particular task, the City
shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its
decision to exercise this right. In no event shall the District's total obligation exceed $725,000.00 as specified above.
* ** The project cost (Total Cost) includes City's project management/administrative fee and $800,000 spent in support of
this program by Miami-Dade County through the Miami -Dade County Needs Assessment Fund.
Exhibit B1, Payment and Deliverables Schedule, Contract OT050657 -A01
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DISTRICT **
Not -to- Exceed
Phase
Task
Deliverable
Due Date*
Payment
Total Cost * **
Task 1 -
Summary Report
Preconstruction
including submittal'
Completed
$45,000
$56,250
Activities
of 100% Design
�
(Paid)
Phase 1:
Plans.
Citywide Water
12 months
Main Extension
Task 2 —
Monthly
Construction
Pay requests for
= Area 1
Construction
Progress Reports;
this task are to be
$205,000
$225,000
Activities'
As -Built
submitted no more
engineering plans
frequently than on
a quarterly basis.
Task 1 _
Summary Report
Preconstruction
including submittal
12 months
$45,000
$45,000
'
Activities
of 100% Design
Phase 2:
Plans.
Citywide Water
18 months
Main Extension
Task 2 -
Monthly
Pay requests for
— Area 2
Construction
Construction
Progress 'Reports;
this task are to be
$205,000
$205,000
Activities
As -Built
submitted no more
engineering plans
frequently than on
a quarterly basis.
Task 1 -
Summary Report
Preconstruction
including submittal
14 months
$35,000
$35,000
Activities
of 100% Design
Phase 3:
Plans_
Citywide Water
20 months
Main
Task 2 —
Monthly
Construction
Pay requests for
Improvements
mP
-
Construction
Progress Reports;
this cask are.. to be
$190,000
$190,000
Activities
As -Built
submitted no more
engineering plans
frequently than on
a qua rterly basis.
Not -to- Exceed Total Pay went
$725,000.00
$1,556,250 * **
* All dates are referenced from the date of contract execution.
** The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts
specified above. In the event actual expenditures by the City are less than the not -to- exceed for a particular task, the City
shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its
decision to exercise this right. In no event shall the District's total obligation exceed $725,000.00 as specified above.
* ** The project cost (Total Cost) includes City's project management/administrative fee and $800,000 spent in support of
this program by Miami-Dade County through the Miami -Dade County Needs Assessment Fund.
Exhibit B1, Payment and Deliverables Schedule, Contract OT050657 -A01
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South Miami
SOUT
CITY OF SOUTH MIAMI
OFICE OF THE CITY MANAGED
INTER. - OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor Date; March 7, 2006
and City Commission
From: Yvonne Soler - McKin Agenda Item #
Acting City Manager Re: Authorizing the 'Purchase of a Crew
Cab TnxA and a Medium -Duty Bus
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA,' AUTHORIZING THE CITY MANAGER TO PURCHASE
ONE 2006 FORD CREW CAB TRUCK AND ONE 2006 24- PASSENGER. CHAMPION
BUS AT A TOTAL COST OF $113,260.57 WITH THE FIRST OF FIVE 'YEAR'S
INSTALLMENT PAYMENTS NOT TO EXCEED? $22,652.11 TO BE CHARGED TO THE
PARKS AND RECREATION DEPARTMENT'S LEASE PURCHASE - TRUCKS
ACCOUNT NUMBER 001..2000.572.4455 AS PROVIDED IN THE FY 2005 -2006
BUDGET; PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS.-
With the assumption" of the responsibility for the maintenance of 7.5 acres of additional
athletic turf fields at South Miami Park, the Parks and Recreation Department allocated
funds in the 2005-06 fiscal year budget for the purchase of a new crew cab truck. This
truck will replace vehicle #2255, a 15 year old vehicle that is ' becoming unsafe to
operate. The new truck will be a Ford F-250 crew cab that will be capable of
transporting an 'entire crew to the new South Miami Park in one trip. The old vehicle
could not accommodate an entire crew of four men.
In addition, the Parks and Recreation department has budgeted funding for the
purchase of a 24- passenger bus. The bus will be used to transport Senior Center
members on field trips, as well as After School Houser Summer Program and Sports
Team participants to scheduled activities. The bus will reduce the need` to rent buses
when we transport more than eleven passengers at a time.
The truck will be purchased from Plantation Ford by piggybacking € n (Miami -Dade
County bid # 52040107 for model year 2006 pick -up trucks_ The bus will be purchased
from Transit Plus, Inc. by accessing the Florida Vehicle Procurement Program contract
# FVPP- 05 -CA:2. The payments for the vehicles will be financed through Banc of
America's`` Florida League of Cities Master Lease/Purchase Program which currently
offers a 4.37% interest rate. The payment for both vehicles will be $22,652.11 ' per year
for fine years.
Funding for the purchase of theser vehicles will come from the Parks and Recreation
Department's Lease Purchase Trucks Account number 001.2000.572.4455 which
currently has a balance of $22,700.00:
RECOMMENDATION:
We recommend that the purchase of the crew cab truck and the 24- passenger bus be
approved'.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE "
4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO PURCHASE ONE 2006 FORD CREW CAB TRUCK AND
6 ONE 2006 24- PASSENGER CHAMPION BUS AT A TOTAL COST OF
7 $113,260.57 WITH THE FIRST OF FIVE YEAR'S INSTALLMENT
8 ` PAYMENTS NOT TO EXCEED $22,652.11 TO BE CHARGED TO THE
9 PARKS AND RECREATION DEPARTMENT'S LEASE PURCHASE -
10 TRUCKS ACCOUNT NUMBER 001.2000.572.4455 AS PROVIDED IN
11 THE FY 2005 -2006 BUDGET; PROVIDING AN EFFECTIVE DATE.,
12
13 WHEREAS, the Parks and Recreation Department is in need of a new crew cab truck to
14 accommodate staff transportation' and a new bus to facilitate transportation of program
15 participants; and
16
17 WHEREAS, the fiscal year 2005 -06 budget includes funding for the purchase of a new
18 crew cab truck and a 24- passenger Champion Bus for the Parks and Recreation Department; and
19`
20 WHEREAS, Banc of America Leasing & Capital, LLC has agreed to finance the
21 vehicles at a 4.37% interest rate under the Florida League of Cities Master Lease/Purchase
22 Program; and
23
24 WHEREAS, the purchase of the aforementioned '.vehicles will be accomplished by
25 piggybacking on current municipal and state contracts in accordance with purchasing procedures
26 as outlined in the City Charter.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI THAT:
30
31 Section 1. The City Manager is authorized to execute finance and purchase
32 agreements for the purchase of one 2006 Ford F -250 Truck and one 24- passenger Champion Bus
33 for the Parks and Recreation Department.
34
35 Section 2. Annual payments for five years in the amount of $22,652.11 per year will
36 be provided through the Parks and Recreation Department's Lease Purchase - Trucks Account
37 Number 001.2000.572.4455 which currently has '`a balance of $22,700.00.
38
39 Section 3. This resolution shall take effect immediately; upon adoption.
40
41 PASSED AND ADOPTED this day of 52006.
42
43 ATTEST: APPROVED:
44
45
46 CITY CLERK MAYOR
Page t of 2
l
2 Commission Vote:
3 READ AND APPROVED AS TO FORM: Mayor Feliu:
4 Vice Mayor Wiscombe:
5 Commissioner Palmer:
6 Commissioner Birts:
7 CITY ATTORNEY Commissioner Beckman:
8
9 CADocuments and Settings\Aricke%4y Documents \Word Documents\ResolutionCrewCabTruck .doc
Page 2 of 2
kof
liar of America L."mg & Capital, UC
GA3-003.0"1
2059 Nortl Ww Parkway, 4a` Floor
Tucker, GA 30084
Tel 770.270.8443
Fax 770.270.8565
Febrpary 24, 21106
City of South Miami, FL
To Whom It May Concern:
Banc of America Leasing e9 Capital, LLC rLess€fr") is pleased to submit the following bid to you pursuant to the
Master Lease/Purchase Program established on behalf of the Florida League of Cities, Inc.
Leswe., City of South Mang, FL
Amount Financed: $104,164.45 (Stlti cuts cannot exceed 20%)
Leave Terms Sixty (60) months
Equipment One New Bus and One New Cane -Ton 4x2 Pick Up Truck
Description
Interest Rate: 4.37°/®, or 95% of the 5-year Treasury. This rate will be held for 30 days ftm the above
date: Thereafter, the it Rate will be recalculated at the percent of the 5-year Treasury
quoted undff the Florida League of Cities Master LeaseJPurchase Program for the mouth in
which funding occurs, and the rate 'will be fixed at the time of funding. As of February 24,
2006, the 5 -year Treasury was 4.60',0
Periodic F &I: AnnualiylAdvance: S 22,652. 11 (five payments with first due in February 2006)
Total M- AnnuatlylAdvance: $ 113,260.57
Servicing Fee: A servicing fee of 10 bates points (5191) will be charged to- Lessee for processing this
transaction as part of the Florida League of Cities Master Lease Program with Lessor.
This transaction will be subject to the terms and conditions and documentation of the Florida League of Cities Master
LeawfiWcbase Program
If you wish Lessor to proceed with this transaction, please submit the application provided, along with the spaeif ed
financial informiaction requested We look forward to the opportunity to provide financing to you;
If you have any q; uestions, please give me a call at (770) 270 - 8525.
,
very tndy y
BANC OF AMl;1tICA LEASING & CAPITAL, LLC
By: Beth C. Morgan
Title: Assistant ve President
CONTRACT AWARD SHEET
DEPARTMENT OF PROCUREMENT MANAGEMENT
`•` BIDS AND CONTRACTS DIVISION
BID NO.: 5204 -0/07 Previous Bid No:: 5204 =0/06
TITLE: 2006 Pick-Up Trucks, Various Types
COMMODITY CODE NO.: 070 -48 OTR YEARS: N/A LIVING WAGE APPLIES:
YES ® NO
CONTRACT PERIOD: 02/01/2006 through 01/31/2007
AWARD BASED ON MEASURES: ❑ YES ® NO ® SR.PROCUREMENT AGENT: Pablo Martinez ' 3 7 S'- al 0 aL
❑ PROCUREMENT AGENT:
❑ PROCUREMENT TECHNICIAN:
PHONE: 305 -375 -4424
Set Aside ❑ Bid Preference
Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms
❑` Local Preference ❑ CSBE Level
El Prevailing Wages (Reso. 90 7143) -
❑' Living Wage
PART #1: VENDOR AWARDED
F.E.I.N.: 592336101 592441916 650944181
VENDOR: Gus Machado Ford Plantation Ford Maroone Dodge LLC
STREET: 1200 W. 49th Street 707 North. State Rd 7 21151 NW 2 Avenue
CITY /STATE /ZIP: Hialeah, Fl 33012 Plantation, F133317 ` Miami, Fl 33169
F.O.B. TERMS: Destination Destination Destination
PAYMENT TERMS: Net30 Net30 Net30
DELIVERY: 150 DAYS A.R.O. 180 DAYS A.R.O. 120 DAYS A.R.O.
PHONE: 305- 820 -2596 954 -797 -3767 305- 493 -5310
FAX: 305- 820 -2592 954 -792 -2545 305- 653 -8250
E -MAIL: edmachado00hotmail.com fleet @plantationford.com schenry@att.net
CONTACT PERSON: Victor Benitez Alex R. Oscanch Steven Henry
F.E.I.N.: 650944183
VENDOR: Maroon Chevrolet LLC
STREET: 8600 Pines Blvd
CITY /STATE /ZIP: Pembroke Pines, F133084
F.O.B. TERMS: Destination
PAYMENT TERMS: Net30
DELIVERY: 180 DAYS A.R.O.
PHONE: 954.- 447 -2150
FAX: 954- 433 -8503
E- MAIL: daef @maroonefleet.com
CONTACT PERSON: David Fridgant
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
1-
AWARD SBEET.doe
Revised 09/19/00
ITEM #9: ONE TON PICK -UP 4X2
Base Price $22,048.00 $21,234.95
Vehicle Make Dodge DH3L62 Ford F -350 4X2
ITEM #10: ONE TON PICK -UP ALL -WHEEL DRIVE
Base Price $24,760.00 $24,432.95
Vehicle Make : Dodge DH8L62 ' Ford F -350 4X4
ITEM #11: ONE TON PICK -UP 4X2 CAB AND CHASSIS
Base Price $21,748.00 $20,685.95
Vehicle Make Ford F -350 4X2
Dodge DH3L62 Spare tire optional
with Cab & Chassis.
ITEM #12; ONE TON PICK -UP ALL WHEEL DRIVE, CAB' AND CHASSIS
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
9
s.
. �,,r
wvqp
Base Price
$24,460.00
$23,882.95
Vehicle Make
Ford F -350 4X4
Dodge DH8L62
Spare tire optional
with Cab & Chassis.
OPTIONS FOR ITEMS #9 - #12
$2,445.00 (4x4)
$2,335.00'
$3,695.00 '(4x4)
(158")
A
Manufacturers long cab option. Note wheelbase
(160 ")
$2,445.00 (4x4)
$3,365.00
Manufacturers four door six passenger crew cab
$3,695.00 (4x4):
(172 ")
B
option. Note wheelbase
(160 ")
Credit to delete standard diesel and replace with
C
gasoline engine (4X2 only).
$(4,490.00)
$(4,202.00)
Maximum capacity dual alternator package for
D
diesel engine
N/A
$322.00
DEPARTMENT OF PROCUREMENT MANAGEMENT
BIDS AND CONTRACTS DIVISION
9
s.
. �,,r
wvqp
E -
Model ; #108DW Reading Utility Body.
N/A
$3,990.00
F
Model #96 reading job planned tool mates
$1,090.00
$3,690.00
G
Electric Hydraulic drive Power tailgate
$1,895.00
$1,595.00
Federal Signal Highlighter Mini Light Bar Model
H
HLC -FAST
$395.00
$295.00 ,
Installed bed and tailgate liners with tie downs '
I
for 3.12 and 3.13
$285.00
$150.00
J
Spare Lire carrier mounted inside the truck.
$210.00
$125.00`
Manufacturer's recommended HD trailer towing
K
package
$490.00
$295.00
L
Lockable aluminum diamond plate toolbox
$390.00
$250.00
Upgrade gasoline engine alternator & battery to
highest available. Battery CCA Alternator
M
Rating
N/A
N/A
Pickup bed aluminum camper top with opening,
N
side windows.
$895.00
NO BID "
$(199.00)
Available with
O
Credit deduct to furnish 6 foot bed.
N/A
Crew Cab only.
Credit deduct to furnish single rear wheels in
P
place of dual rear wheels.
N/A
$(572.00)
Power window option for access only by Police
Q
and Fire Rescue Agencies.
$520.00
N/A
ITEM #13:12,000 LB GVWR PICK -UP TRUCK 4X2 CAB & CHASSIS
Base Price
$20,938.15
Ford F -350
Vehicle Make (cab & chassis 4x2)
ITEM #14:12,000 LB GVWR PICK -UP TRUCK ALLWHEEL DRIVE CAB & CHASSIS
(NO AWARD)
03/05/2013 FAX 9507820972 TRANSY! US 002/002
�I
i
Mr. Alan Ricke
Parks and Recreation Director
City of South aami
South Miami, PL 33143
Dear Mr. Ricke
Please accept for your consideration this quote for a'3 V Medium -Duty but under the
terms of Statewide purchasing Agreement 1: VPP- Q5 -CA -2,
Tice total cost for the bus; with. American Seating for, 24 passengers, Faint scheme 4, 2:`
QRT Max wheclehair seeurements with double foldaway seat, Rican S- Series Transit lift,
and PA system, is sevettty-�eight thousand, eight-hundred. and twenty five dollars, ($
78,825.00). The cost includes delivery to your location:
Transit Plus,'Inc. would like to thank you and the City for the opportunity to provide you
and your constituents with a quality Champion B,us.
Respectfully,
e-N
David Morris
Traansit Plus Inc.
5E Wait 9th Street 6 Atlantic Beech, FL 32233
(9") 243 -6NA + FAX (904) 241-0501
wwiw transItptur*.c*m
�I OF T R RN��
FVPP- 05 -CA -2 - 1 JUNE 2005
I
Florida Department of Transportation
Public Transit Office Order Packet
CONTRACT # FVPP- 05 -CA -2
ORDER PACKET FOR
29' and'31' CHAMPION CUTAWAYS
ON CHEV /GMC CC5500 GVWR CHASSIS WITH 19,500# GVWR
TRANSIT PLUS, INC.
General Information
The Florida Vehicle Procurement Program (FVPP) issued Proposal 4FVPP -05 -CA to
establish a series of state contracts for the purchase of Body on Chassis Cutaway Type
Vehicles. Through this process five contracts were awarded to two different vendors each
representing a different vehicle manufacturer.'
This Order Packet is for Contract 4FVPP- 05 -CA -2, which was awarded to Transit Plus, Inc.
on June 1, 2005, to provide Champion Bus Cutaway Type Vehicles in lengths of 29 and 31
feet on Chev /GMC CC5500 chassis with a Gross Vehicle Weight Rating (GVWR) of 19,500
pounds.
i
This Order Packet contains the necessary instructions and forms for agencies to place an
order with Transit Plus, Inc. to purchase these vehicles. This information can also be found
at the FVPP website _— http: / /www.cutr.usf.edu /fvpp. This Order Packet also provides
guidance and clarity on the relationships between the seller, the buyer, and Florida DOT's
FVPP.
!
The complete Contract #FVPP- 05 -CA -2 is accessible from the FVPP website and contains
the following sections:
• Part 1 - General Requirements and Conditions, and Contractual Provisions
(Including copies o all o i ' f '
c a U.S. DOT Federal Transit Administration
certifications)
• Part 2 - Technical Specifications
• Part 3 -Options
• Part 4 - Quality Assurance Provisions
• Part 5 - Warranty Provisions
• Part 6 -Paint Schemes
For further information on the FVPP and Contract #FVPP- 05 -CA -2, please contact either
Hank Cusack (813- 974 -7834) or Cindy Wooten (813- 974 -9771) at the University of South
Florida Center for Urban Transportation Research (CUTR).
FVPP- 05 -CA -2 - 2 - JUNE 2005
I
Florida Department of Transportation
Public Transit Office Order Packet
Vendor Information
To place an order for a vehicle under Contract #FVPP- 05 -CA -2, contact David Morris at
Transit Plus, Inc.:
• Address: Transit Plus, Inc.
58 West 9th Street
Atlantic Beach, Florida 32233
• Telephone #: (904) 241 -6004
(800) 373 -2143
• FAX #: (904) 241 -0507
• Contact Person: David Morris
Procedures for Ordering
The following sections provide guidance to be used by the vendor and the agencies in the
ordering, delivery, acceptance and payment for vehicles procured under this contract. All
parties are advised to fully review the full contract document available on the FVPP
website. Contract #FVPP- 05 -CA -2 will be the governing document.
Agencies should understand that each order placed with and acknowledged by Transit
Plus, Inc. constitutes a contract between the ;purchaser and Transit Plus, Inc. only. The
contract implies no duties or responsibilities by the University of South Florida Center for
Urban Transportation Research or the Florida Department of Transportation. The terms
and conditions of this contract are to be administered and enforced by and between the
agency and the vendor:
Ordering Instructions
Agencies must utilize the order forms in this Order Packet to place their orders. Agencies
are encouraged to contact and work closely with Transit Plus, Inc. in finalizing their orders,
to fully understand the options available, to select the floor plans and seating selections,`
the paint schemes, and any special options or conditions' that may impact the final order
and purchase price. Please submit a separate' order' form for each vehicle ordered.
Contract #FVPP- 05 -CA -2 is to provide Champion Bus Cutaway Type Vehicles in lengths of
29 and 31 feet on a Chev /GMC CC5500 chassis with a Gross Vehicle Weight Rating
(GVWR) of 19,500 pounds. Among the standard components of this vehicle are;
• Chevrolet /GMC CC5500 Chassis
• 6.6L DuraMax Chevrolet 300 HP diesel engine as standard
• Allison 1000PTS Pupil Transportation /Shuttle Series transmission Flat floor design
• Electric door opener as standard
• Multiple floor layouts and seating options
• Choice of wheelchair lift types and models
FVPP= 05 -CA -2 - 3 - JUNE 2005
Florida Department of Transportation
Public Transit Office Order Packet
• Choice of wheelchair securement systems
• Several standard paint schemes
• Several options
Most agencies already have an idea on the type and number of seats and wheelchair
positions needed to meet their floor plan requirements. A wide variety of floor plans are
available. Agencies should work closely with Transit Plus, Inc. to develop and finalize their
floor layout plans. Based upon this consultation, Transit Plus, Inc. will develop a proposed
floor plan based on the Agency's needs and fax a copy of the plan to the Agency for
verification and approval.
The Order' Packet also includes illustrations of the basic vehicle paint schemes' and the
description of the available options to assist the Agency in completing your orders.
Included in this Order Packet are the following forms and information:
• Order Form that provides:
• Base vehicle prices
• Unit seating and wheelchair station prices
• Paint scheme options and prices
• Individual option and prices
• Sample choice forms`
Sample Order Form - providing an example as how to complete the order form
• Description of Options
• Available Paint Schemes
Please submit aseparate order form for each vehicle ordered. After determining the length
of bus, floor plan, paint scheme and desired individual options, to complete the order form
place the number of items in the corresponding quantity column. Multiply the dollar figure
in the cost column by the number of items in the quantity column to calculate a total cost for
that item. Enter that amount in the total cost column. Add the total cost column amounts
together to arrive at the grand total for the vehicle. The grand total will be the figure used
on the Agency's purchase order.
Unless your vehicle is funded in part by the FTA Section '5310 grant program, the
Agency deals directly with Transit Plus, Inc.
Once the details of the order are finalized, an Agency Purchase' Order: must accompany all
orders placed with Transit Plus, Inc. for those vehicles funded outside the FTA Section
5310 grant program.
For all vehicles funded through the FTA Section 5310 grant program, a copy of the
completed order form and either an Agency purchase order or a check for the Agency's
portion payable to Transit Plus, Inc. must to mailed or faxed to the CUTR Section 5310
Program Coordinator:
FVPP- 05 -CA -2 - 4 " - JUNE 2005
Florida Department of Transportation
Public Transit Office Order Packet
Ms. Cindy Wooten
CUTR Section 5310 Program Coordinator
USF -CUTR
4202 E. Fowler Avenue — CUT100
Tampa, Florida 33620
Telephone: (813) 974 -9771
Fax: (813) 396 -9345
The CUTR Section 5310 Program Coordinator will verify the order accuracy, complete the
request for the FDOT share, and forward the request to Tallahassee for the FDOT
purchase order. When the FDOT purchase order number is assigned, the CUTR Section
5310 Program Coordinator will place the order with Transit Plus, Inc. and notify the
Agency of the status.
Transit Plus, Inc. will provide written confirmation to the Agency and /or CUTR of the receipt
of the order within seventy -two (72) hours of receiving the order with purchase order. At a`
minimum, the acknowledgement of the order will contain:
• The Agency's purchase order number
• The date the order was received
• The date the order was placed with the manufacturer
•` The production and VIN number when available
•' The estimated delivery date (when available)
Deli►rery
Completed units must be delivered to Agency within ninety (90) days from receipt of
chassis or purchase order, whichever occurs last.
In the event of delay in completion of the delivery of vehicles beyond the date specified in
the contract, in addition to any granted extensions agreed to in writing by the Agency, the
Agency may assess as liquidated damages, twenty five dollars ($25.00) per calendar day
per vehicle.
Each vehicle purchased through the FVPP shall be routed to the FDOT's Springhill
Inspection Facility, located in Tallahassee, Florida, for an inspection prior to delivery to
Transit Plus, Inc.
Transit Plus, Inc. should see that all noted write -ups are corrected prior to final.delivery to
the procuring agency. This inspection by the FVPP is not _represented as being "all
inclusive and in no way relieves the dealer from the required Pre- Delivery Inspection (PDI).
Prior to the vehicle(s) being delivered, Transit Plus, Inc. must perform a PD'L Upon
completion of a PDI, Transit Plus, Inc. will be required to deliver the vehicles to the
Purchaser. The dealer shall notify both the purchasing Agency and the FDOT District
Office a minimum of 48 hours in advance to arrange a delivery time.
FVPP- 05 -CA -2 - 5, - JUNE 2005
Florida Department of Transportation
Public Transit Office Order Packet
The vehicle shall be delivered with all Contractor /manufacturer's quality control checklists
including road test and final inspection (properly completed and signed by an authorized
plant representative). Other documents /items required at delivery include:
• Manufacturer's Certificate of Origin
• Application for Certificate of Title
• Bill of Sale
• Warranty Papers (forms, policy, procedures)
• Maintenance Schedule
• Operators' manual
• Invoice (To include contract number, P.O. number, VIN #, and agency name)
Final Acceptance
Delivery of the vehicle(s) by Transit Plus, Inc. does not constitute acceptance by the
Agency. The vehicle will be considered "accepted" upon passing = the inspection and
issuance of an acceptance letter by the Agency.
The terms of the contract state that an Agency has ten (10) calendar days after receiving
the vehicle(s) to perform the Post Delivery Inspection and issue either a "Letter of
Acceptance" or ;a "Letter of Rejection" to Transit Plus, Inc. and the Florida DOT District, j
Office contact. The "Letter of Rejection" will state and describe the areas to be found in
noncompliance with the bid specifications, incompleteness, or any defective or damaged
parts.
A vehicle should be rejected if any items are missing, defective, altered, incorrect,- or
incomplete. In the event a vehicle(s) is delivered incomplete or contains any defective or
damaged parts, the said parts will be removed and replace by Transit Plus, Inc. New parts
will be furnished and installed by Transit Plus, Inc. at no cost to the Agency. If there is work
involved, warranty or otherwise, to repair or place the vehicle(s) in proper complete
condition, such repairs will be made by an approved firm in accordance to the warranty
provisions of the contract.
I
Placing the vehicle(s) in revenue service will automatically constitute "acceptance ". In such
circumstances, a "Letter of Acceptance" should still be sent to Transit Plus, Inc. f
Acceptance of the vehicles shall not release the Contractor from liability for faulty
workmanship or materials.
Payment
For vehicle purchased without funding from the FTA Section 5310 grant program, the
Agency should complete all necessary paperwork and submit its request to process the
Agency purchase order payment within five (5) days after the delivery and /or acceptance of
the vehicle.
FVPP- 05 -CA -2 - 6 - JUNE 2005
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Florida Department of Transportation
Public Transit Office Order Packet
For all vehicles funded through the FTA Section 5390 grant program, the Agency
should approve and process its purchase order to allow a check for the Agency amount to
be sent to Transit Plus, Inc. for its share of the vehicle. If, instead of a purchase order, a'
check was provided at the order request time, forward all invoices to the CUTR Section
5310 Program Coordinator along with the acceptance letter.
Upon receipt of the Agency's' portion of the vehicle, Transit Plus, Inc. will contact the CUTIR
Section 5310 Program Coordinator with a request to process the FDOT purchase order
payment approval.
The total purchase price should be paid in full within sixty (60) days after acceptance
of each vehicle. Agencies should note that failure to meet the net 60 -day payment terms
could result in the assessment of interest and other penalties. Terms are those shown in
Price Proposal Form F of the contract document. A 2 %` monthly service charge will be
added to all past due accounts.
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FVPP- 05 -CA -2 - 7' ` - JUNE 2005
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Rodda Department of Transportation
Public Transit Office Part 5
CONTRACT #FVPP- 05 -CA -2
WARRANTY PROVISIONS
5.0.0, RAMC P ftQVIa S
5.1.0 WARRANTY REQUIREnAENTS
Warranties in this document are in addition to any statutory remedies or
warranties imposed on Proposer. A description of the local dealer warranty
process shall be included in 'proposal package including information on how
warranty issues are tracked. This description shall also indicate the total dollar
value of the dealers parts inventory and the percentage of that inventory that is
dedicated to the type vehicles being proposed. The proposal; package shall also
have a description of the dealer's facilities and services provided at the facilities.
Consistent with this requirement Proposer warrants and guarantees to the FVPP
each complete vehicle, and specific subsystems and components as follows:
5.1.1 COMPLETE `VEHICLE
The vehicle is warranted and guaranteed to be free from defects for a minimum
of twelve (12) months or twelve thousand (12,000) miles, whichever comes first,
beginning on the date of acceptance of each vehicle. During this warranty period,
the vehicle shall maintain its structural and functional integrity. The warranty is
based on regular operation of the vehicle under the operating conditions
prevailing in the purchaser's locale.
&1.2 SUBSYSTEMS AND COMPONENTS
Specific subsystems and components are warranted and guaranteed to be free
from defects and related defects for the times and/or mileages given in Exhibit 5
1'.
Parma and tabor to be covered in all warranties.
i no Mw �aA. n o i n ns owe �oi0
FVPP- 05 -CA -2 96 APRIL 2005
,...., -", s-- z ,�• .. ^ar' .. „ r,., .. '�k"3P.., .- r;,; a, ,ia _jal`°:e,.a —'-"? "' �s';' r* w'�`!�",,?''`5"Y"�r-�*, -mh.,. ".!^'R. � +".;,_ id?.
Item
years >
Mileage
OEM Chassis (as detailed below)
Vortec 8100 Gas: 3 years 036,000 Miles
Duramax 660 Diesel: 5 years 1100,000 Miles / (with $100 Deductible after 36,000 Per
Event
Allison 1000 Transmission: 3 Years 1 Unlimited
Rear Axle: 2 Years I Unlimited
Frame Rails and Cross Members:' 5 Years I Unlimited
Cab Corrosion - Perforation: 5 Years / Unlimited
Emissions for Gets: 5 Years 150,000 Miles
Emissions for Diesel: 5 Years 1100,000' Miles
Chevrolet Roadside Assistance During Warranty Period: (800) 8624389
Manufacturers Warranty
2
Unlimited
Air Conditioning System
4
Unlimited
Alternator
3
36,000
Wheelchair Lift
4
Unlimited
&2.0 VOIDING OF WARRANTY
The warranty shall not apply to any part or component of the vehicle that has been
subject to misuse negligence, accident, or that has been repaired or altered in any
way; so as to affect adversely its performance or reliability, except insofar as such
repairs were in accordance with Proposer's maintenance' manuals and the
workmanship was in accordance with recognized standards of the industry. The
warranty shall also be void if the purchaser faits to conduct normal inspections and
scheduled preventive maintenance procedures as recommended in Proposer's
maintenance manuals:
5.&0 EXCEPTIONS M WARRANTY
The warranty shall not apply to scheduled maintenance items, and items such as
tires and tubes, nor to items furnished by the purchaser such as radios, fare boxes,
and! other auxiliary equipment, except insofar as such equipment may damaged
by the failure of a part or component for which Proposer is responsible.
FVPP -05-C 4 -Z 97 - APRIL 2005
Ronda Department of Transportation
Public Transit Office Part b
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FVPP-05 -CA-2 106 APRIL 2005
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FVPP-05 -CA-2 106 APRIL 2005
Florida Department of Transportation
Public Transit Office Order Packet
ORDER FORM - PAGE ONE
CONTRACT # FVPP- 05 -CA -2
ORDER FORM FOR 29' and 31' CHAMPION CUTAWAYS
ON CHEV /GMC CC6500 GVWR CHASSIS WITH 19,500# GVWR
TRANSIT PLUS, INC.
AGENCY NAME: C t T� o v�'r N mt A M t DATE: a O C0
PURCHASE ORDER NUMBER: F.I.N. #: 5'` - (0000 q3 t
CONTACT PERSON:
A LA l <� C� �30 � (0 (0 340 3 1 °(
(Name and Telephone Number)
June 2005
Item
Unit Cost
Quantity
Total
Cost
Base Vehicle lype
Chev /GMC CC5500 29 Foot
$68;315
6 S
Chev /GMC CC5500 31 Foot
$68;813
Paint Scheme Choices
Scheme
#1
$548
Scheme #2
$548
Scheme #3
$548
Scheme #4
$548
1
sq 9
Scheme #5
$548
Floor Plan Choices (pick one brand)
Freedman Seats Stantla
Standard Seat per person
$220
Fold -awa Seat per person)
$385
Child's Seat (per person)
$280
American Seating (Option)
without 3-,point tie -down
Standard Seat (per person)
$190
A `(
N & Q
Fold-away Seat (per person)
$341
g
Child'&Seat (per person)
N/A
Securement Systems (pick onestyle)
Q'Straint QRTMAX' (per' position)
$400
F00
Sure -Lok Model FF600AL (per position)
$445
PAGE ONE SUB -TOTAL
-� ��
Item
Unit Cost
Quantity
Cat
Side Wheelchair Lift Choices (pick one)
Braun N919
$3,311
Braun Vista V919
$3,311
Ricon S -2010 `
$3,267
t
31 A 0
Ricon Klearview K2010
$3,267
Maxon WL -733L
$3,691
Other Available Options
HELP Bumper Rear with Hawke ` e System
$440
Altro Flooring '`
$480
Gasoline Engine 8100 VORTEC Chev 325 HP
- ($5,571)
Aluminum Wheels in place of steel wheels
$650
Freedman CL 67 Air rSuspension Driver's Seat
$990
Freedman Sport Driver's Seat with Relaxor
$672
REI Public Address System
$15$
1 S�
Additional Seat Belt Extenders
2 rovided w /order
$12
AM /FM Radio
Standard
Manual Entry Door (in place of electric door )
-($350)
TELMA Retarder
$4,950
Stainless Steel Wheel Inserts
Standard
PAGE TWO SUB -TOTAL
(sub -total of this page)
3 a
PAGE ONE SUB -TOTAL
(carry forward from previous page)
1o�
GRAND TOTAL
(sum of page` 1 and 2 sub - totals)
Florida Department of Transportation
Public Transit Office Order Packet
CHOICES FORM
CONTRACT # FVPP -06-CA -2
ORDER FORM FOR 29' and 31' CHAMPION CUTAWAYS
ON CHEWGMC CC5500 G1fWR CHASSIS WITH 19,500# GVWR
TRANSIT PLUS, INC.
SEATING AND FLOORING CHOICES
Seating Colors: (circle one) Blue Gray Beige
Flooring Colors: (circle one) Blue Gray Beige Black
Paint Scheme: (circle one) #1 #2 #3 #5
Paint Schemes: Agencies will select colors (2) for background and stripes when orders are placed.
Ali paint scheme pricing shall reflect white base coat. If an agency requires a paint and lettering
scheme that is NOT GENERALLY covered by one of those listed above, they may make separate
arrangements either with the manufacturer or 'a local vendor to provide these services.
Upholstery Information -Vint'! Colors Available:
Blue Vinyl Combo: Center insert of seat to be Blue /Gray Print CMI part # VP- MEDLI
KEAZU, Outside wrap and back of seat to be Blue solid CMI part # VP- MEDLI- TRAZU.
Gray Vinyl Combo: Center insert of seat to be Blue /Gray Print CMI part # VP- MEDLI
KEAZU, Outside wrap and back of seat to be Gray solid CMI part -# VP- MEDLI- TRGRY.
Beige Vinyl Combo: Center insert of seat to be Beige Print CMI part # VP- MEDLI- KEVER,
Outside wrap and back of seat to be Beige solid CMI part # VP- MEDLI- DOSNB:
WHEELCHAIR LIFT CHOICE
Wheelchair Lift: (circle one) Braun N919 Braun Vista V919
ico=S-2010 Ricon Klearview K2010
Maxon WL. -733L
SECUREMENT RETRACTOR CHOICE
W/C Securement (circle one) Q'Straint Sure -Lok
QRTMAX Modet FF600AL
JUNE 2005
FVPP -05 -CA -2
-> 11 -
Florida Department of Transportation
Public Transit Office Order Packet
Event Data Recorder Channel Svstem Selections
As detailed in Section 2.45 of the Technical Specifications, an event data recorder (EDR),
Circuitlink International "Tacholink ", (or approved equal) will be mounted on each vehicle.
The EDR will provide a continuous log of vehicle activity. Speed history,; odometer, excessive
RPM, heavy braking, fast acceleration, idling exceptions will automatically recorded by exception.
In the event of an accident, all data shall be permanently captured in "tamperproof' flash memory
(4MB minimum) for a minimum of (30) seconds prior to the incident and (15) seconds after the
incident at a minimum interval of 25 milliseconds.
The EDR will provide an automatic trigger function with different user definable thresholds for
moving and stationary conditions. A manual driver alert button will be provided to allow driver
"tagging" of either an accident or vehicle fault condition shall be located behind upper bulkhead and
must be accessible through a latching door.
All software for user configuration, data logging, and downloading and report generation will be
included. All software will be Windows- based. Trip data will be stored in Microsoft Access,
database. All data will be the property of Florida DOT and will be immediately available to Florida
DOT. There will be no additional' charges, for hardware and /or software services or annual fees will
be incurred by Florida DOT or any operator.
Additional digital input channels will be provided to allow for status monitoring of a maximum of
eight (8) vehicle sub - systems. Standard systems that will be monitored shall be: brakes, lights,
signals, flashers, driver's seat belt, wheelchair;, lift, engine temperature and front door.' Each agency
may substitute any of the standard systems detailed above with any of the following optional
systems: oil pressure, low air pressure, low voltage, or emergency exit 'door. The limit of the total
systems to be monitored is eight (8).
Below, please indicate the eight (8) vehicle sub - systems to be monitored on this vehicle.
If no selection made, the standard systems will be programmed. For each of the optional
systems you select, you must not include one of the standard system selections. A limit of
eight (8) total systems per bus can be- monitored.
Select Eight Systems To Be Monitored (Maximum of Eight (8))
STANDARD SYSTEMS
OPTIONAL SYSTEMS
X
1. Brakes
x
9. Oil Pressure
X
2. Lights
10. Low Air Pressure
3, Signals-
11. Low Voltage
4. Flashers
12. Emergency Door Exit
5. Driver's Seat Belt
)(
6. Wheelchair Lift'
,X
7. Engine Temperature
X
8. Front Door
FVPP- 05 -CA -2
JUNE 2005
- ' 12 -
Sour
or South Miami
A114mideaCky
•
INCORPORATED • �. -
.1927
L O R Q 2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor and Date: March 7, 2006
Commission Members
From: Yvonne S. MclGnle� ITEM No. 7
Acting City Manag Re:Extending erm of Affordable
Housing Advisory Committee
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ALLOWING THE AFFORDABLE
HOUSING ADVISORY COMMITTEE TO EXTEND ITS TERM OF
OPERATION UNTIL JUNE 30,' 2006;' PROVIDING FOR AN EFFECTIVE
DATE'
BACKGROUND
The South Miami City Commission at its April 9,, 2005 meeting adopted Ordinance No. 08 -05 -1830
amending the Code of Ordinances in order to create an affordable housing advisory committee for the
general purpose- of researching effective affordable housing measures implemented in other
municipalities and acting as a local resource to the City will help the City respond to community
needs. The committee has been meeting for almost one year and has contributed significantly to
formulating the City's affordable housing policies.
The ordinance creating the affordable housing advisory committee provides that the committee's term
shall be one year, unless extended by the City Commission (City Code Section 2.26.1 If ). The
committee still has additional remaining duties to assist the City to respond to, State comments on the
Evaluation and Appraisal Report and on the affordable housing initiatives being proposed by Miami-
Dade.
RECOMMENDATION
In accord` with the requirement set forth in City Code Section 2.26.11(f) it is recommended that the
term of the Affordable Housing Advisory Committee be extended to June 30, 2006.
Attachment:
Draft Resolution
Ord. No. 08 -05 -1830
YSM/DOD /SAY
E: \Comm Items\ 2006\ 3- 7- 06\Afford'Housing <Committee Report.doc
.. ;,a,rns;^n -;• .,°-, ,m -<:?' . ^; „a..c rnx,.— ,- ,e4gss'i,:...r , -r.,: = .:.+�- s'.'°fi^ :aY,s:s,, ,.tom- .r- r'+:`.:""°,^'4 , 4,. , . ,-rz.+ =sc;".., °..,.;r?a'” '.` ,"i`F,'yryr' . ^'3:
L RESOLUTION
2
3-
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY ' OF SOUTH MIAMI, FLORIDA ALLOWING THE
6 AFFORDABLE HOUSING ADVISORY COMMITTEE TO EXTEND
7 ITS TERM OF OPERATION UNTIL JUNE 30 2006; PROVIDING FOR
8 AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City of South Miami Comprehensive plan encourages the
12 development of affordable housing in order to respond to the housing needs of the
13 community; and,
14
1.5 WHEREAS, the South Miami City Commission at : its April 9, 2005
16 meeting adopted Ordinance No 08 -05 -1830 amending the Code of Ordinances in order
17 to create an affordable housing advisory committee for the general purpose of researching
1.8 effective affordable housing measures implemented in other municipalities and acting as
19 a local resource to the City will help the City respond to community needs; and
20
21 WHEREAS, the affordable housing advisory committee has been meeting
22 for almost one year and has contributed significantly to formulating the City's affordable
23 housing policies and research; and
24
25 WHEREAS, City Code Section 2.2611(f) states that the affordable
26 housing advisory committee's term` shall ' be one year, unless extended by the City
27 Commission; and
28
29 WHEREAS, the affordable housing advisory committee still has
30 additional remaining duties to assist the City to respond to State comments on the
31 Evaluation and Appraisal Report and on the affordable housing initiatives being proposed
32 by Miami-Dade.
33
34 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
36
37 Section 1. In accord with the requirement set forth in City Code Section
38 2.26.11(f) the term of the Affordable Housing Advisory Committee is extended to June
39 30 2006.
40
41 Section 2. This resolution shall take effect immediately upon approval.
42
43
T" —e«r:rc� n>cw
�,-... =�`arw
1
2
(2)
3
4
PASSED AND ADOPTED this
day of 92006
5
6
ATTEST:
APPROVED:
7
8
9
CITY CLERK
MAYOR
10
11
12
13
14
COMMISSION VOTE:
15
READ AND APPROVED AS TO FORM:
Mayor Feliu:
16
Vice Mayor Wiscombe:
17
Commissioner Palmer:
18
CITY ATTORNEY
Commissioner Birts:
19
Commissioner Beckman:
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
EAComm Items\2 006 \3- 7 -06\P ffordable Housing Resolution.doc
ORDINANCE NO. 08-05-1830
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS;
AND CREATING SEC. 2 -26:11 ENTITLED "THE AFFORDABLE
HOUSING ADVISORY COMMITTEE "; PROVIDING ` FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami Comprehensive plan encourages the
development of affordable housing in order to respond to the housing needs of the
community; and,
WHEREAS, private industry alone has not generated sufficient affordable housing
units to meet community needs and achieve the City's goal of assuring the "availability
of sound and affordable housing" for all City of South Miami residents; and
WHEREAS, an affordable housing advisory committee created for the general
purpose of researching effective affordable housing measures implemented in other
municipalities and acting as a local resource to the City will help the City respond to
community needs;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City of South Miami does hereby establish the Affordable
Housing Advisory Committee.
Section 2. Sec. 2.26.11 of the City of South Miami Code is created to read:
Sec.2.26.11 The Affordable Housing Advisory Committee
(a) Created, composition. There is hereby created The Affordable
Housing' Advisory Committee. The Committee shall consist of five members.
(b) Appointment and qualifications of Members. I The Mayor with the advice'
and consent of the Commission shall be responsible for appointing the members to
serve on the Committee.
(c) Change in number of members. The number of persons serving on the
Committee may be increased or decreased by the city commission. In the event of
Additions shown by underlining and deletions shown by erms s
Pagel of 3
5
Ord. No. 08 -05 -1830
a change in members, the number of members that must be present to constitute a
quorum for a meeting shall be half the total members plus one.
(d) Chairperson and vice - chairperson. The chairperson and vice- chairperson
shall be elected by the members of the Committee. The members may elect any
additional officers that they deem necessary.
(e) Duties. The duties of the Committee shall include, but not be limited to:
(i) serving in an advisory capacity to the Planning Board,_ and
the Community Redevelopment Agency, and the City
Commission by identifying and evaluating, successful
affordable housing projects
(ii) consulting with property owners, builders and persons
experienced in the development of affordable housing.
(iii) assisting the Planning Department by reviewing data and
information collected relative to affordable housing statistics,
programs, grants and subsidies.
(iv) performing other duties, functions and services as may be
requested by the Mayor and City Commission.
(f) Term. The Term of the Committee shall be one year, unless
extended by the City Commission.
(g) Goals. The goal of the Committee shall be to submit, for
consideration, one or more affordable housing projects or affordable housing
incentive ordinances to meet community needs and achieve the compressive
plan's housing goal.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 5. The provisions of this ordinance shall be included in the City of
South Miami Code of Ordinances.
Additions shown byunderlininjz and deletions shown by evefst6kifi
Page 2 of 3
Ord, No. 08 -05 -1830
Section 6. This ordinance shall take effect immediately upon approved
PASSED AND ADOPTED this 'day of akj,,,i 52005
ATTEST: APPROVED'.
CITY CLERK O
1St Reading — 3/10/05
2 "d Reading - 4/9 /0 5
COMMISSION VOTE: 5 -0
READ AND ED AS TO FORM: Mayor Russell: Yea`
Vice Mayor Palmer: Yea
—� Commissioner Birts- Cooper: Yea
CIT TORNEY Commissioner Sherar: Yea
Commissioner Wiscombe: Yea
E:\Comm Items\2005\3 -10 -05 \Ordinance Affordable Housing.doc
J:\ My `Documents\resolutionAOrdinance Affordable Housing.doc
Additions shown by underlining and deletions shown by eg
Page 3 of 3
South Miami
O� SOUT��
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`OI It 14 2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor & Date: March 7,2006
Commission Members
ITEM No. 910
From: Yvonne S. McKinley RE: LDC Amendment —
Acting City l Manage Generators in Residential Zones
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED
GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS
IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR ` SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.'
BACKGROUND
In 2005, South Florida and the City of South Miami saw an increased number of tropical systems
that caused frequent and long -term power outages throughout the city and region. ,In reaction to
the power outages, many residents of the city have begun purchasing or looking into purchasing
permanent home generators. Concerned residents have also requested the Planning Department
create an ordinance regulating the use of permanent home generators.
PROPOSED AMENDMENT
The amendment would be added to existing Section 20.3.6 which is part ` of the LDC
Supplemental Regulations. The amendment would create Section 20.3.6 (S) "General
Requirements and Standards for Permanent Generators in Residential Zone Districts ". The new
amendment addresses issues of safety, nuisance, and environmental issues as requested by the
citizIensl of South Miami. Major' components of the amendments include:
• Environmental and electrical standards and certifications;
• Requirements for screening of generators and provisions for safe fuel storage;
• Safety provisions concerning harmful carbon monoxide emissions;
• Setback requirements and noise regulations;
• Creation of a process for site plan approval by the Planning Department and a process for
installation approval by the Building Department;
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• Creation of an application and fee system for permanent generators;
• Generators being installed in two family, townhouse or multi - family districts would be
subject to the Special Use Approval process in addition to the standards and requirements
set forth for all residential districts.
PLANNING ,BOARD ACTION
The Planning Board at its January 31, 2006 meeting, after public hearing, adopted a motion by a
vote of 7 ayes 0 nays recommending that the proposed amendment be approved
RECOMMENDATION
It is recommended that the proposed amendment Section 20.3.6 (S) "General Requirements and
Standards for Permanent Generators in Residential Zone Districts" be adopted.
Attachments:
Proposed ordinance
Planning Board Minutes Excerpt 1` -31 -06
Public notices
I,
YSK/DOD/ AY
E:\ Comm ;Items\2006\3- 7- 0AVOW LDC Amend Generators Re p ort.doe
2 of 2
l
2
3 ORDINANCE NO.
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF ' THE _CITY
6 OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT`
7 CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6
8 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR
9 PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS;
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, ` AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the citizens of South Miami have asked the City to create provisions
14 for permanent generators in residential areas; and
15
16 WHEREAS, the proposed ordinance is based upon the most current national and
17 local standards for safety, nuisance control, and environmental health; and
18
19 WHEREAS, the Planning Board at its January 3`1, 2006 meeting, after a public
20 hearing, adopted a motion by a, vote of 7 ayes 0 nays, recommending approval of the
21 proposed amendment; and
22
23 WHEREAS, , the Mayor and City Commission desire to accept the
24 recommendation of the Planning Board and enact the aforesaid amendment.
25
26 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
28
29 Section 1. The South Miami Land Development Code is hereby amended by adding a
30 new Section as follows:
31
32 SECTION 20.3.6.(S) GENERAL REQUIREMENTS AND STANDARDS FOR
33 PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS
34
35 (A) Intent and Purpose
36
37 The intent and purpose of this section is to regulate the use and installation of
38 permanent generators in residential zone districts using standards listed herein.
39
40 (B) Definitions
41
42 For purposes of this section, the following definitions shall apply;
43
44 Decibel - A logarithmic measure of sound. Pertaining to generators, the required
45 decibel level of the Generator shall be listed in the Generator manual or be measured
1 of 5
I by a sound engineer or other qualified individual as approved by the Building
2 Department.
3
4 Decibel Measurement;— Decibels shall be measured according to industry standards
5 by a qualified individual at the abutting propegy line.
6
7 Externally- filled generator A permanent generator which receives fuel from an
8 external source, thus needing' to be manually refueled in order to work properly. This
9 is accomplished through pouring fuel into an intake area (e.g_ gasoline) or connecting
10 containers of fuel to an intake valve (e.g. propane .
11
12 Internally- filled generator A permanent generator which receives fuel from an
13 internal source. This is accomplished through a permanent connection to a fuel
14 source, thus avoiding manual refueling (e.g. natural gas).
15
16 (C) Submittal Requirements
17
18 (1) Installation of permanent generators in two - family, townhouse, or multi- family
19 zone districts shall be subject to all requirements set forth' in this Section and shall
20 also be required to receive approval via the Special Use process, in accordance with
21 procedures set forth in Section 20 -5.5.
22
23 (2) Installation of permanent generators in all residential zones shall' undergo the
24 following process:
25 (1) Planning Department Submittal:
26 (a) Site plan drawings _and specifications shall be submitted showing the
27 location of the property, the placement of the generator on the
28 property, location of all doors, windows and other openings into the
29 dwelling and each 'distance from the generator, measurements and
30 placement of exhaust of the generator,` setback from abutting
31 property(ies), and screening type, size, and measurements.
32 fib) A copy of the generator's user 'manual, listing specifications for the
33 generator.
34 (c) Any other information as deemed necessary by the Planning
35 Department.
36 (2) Building Department Application — Upon site plan and screening approval by
37 the Planning Department, an application and submittal process to the Building
38 Department shall have the following requirements:
39 (a) enumerated list of each electrical device that will be input into the
40 generator, the required amount of voltage needed to power the
41 electrical dev
ce, and calculations showing the e output of the generator
42 is not exceeded by the input of electrical devices
43 (b) Proof of purchase of an indoor, battery- powered carbon monoxide
44 detector.
45 (c) Signed affidavit by a licensed electrician stating the installation will
46 follow the requirements of this ordinance, 'anv other annlicable city
2 of 5
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I ordinances the National Electric Code, the Florida Building Code, and
2 any other requirement of law having_ jurisdiction over - the process
3 listed herein.
4 (d)TAMroved Planning_ Department information listed in (C)(1 ) of this
5 ordinance.
6 (e) Any other information as deemed necessary by the Building
7 Department.
8 (3) If the generator is an externally fuel filled generator, then the applicant shall
9 submit the following to the Planning Department and the Building
10 Department:
11 (a) Description and specifications of the tyre of containers that will be
12 used to store the fuel.
13 (b) The area at the dwelling where the fuel will be stored.
14 (c) Fuel containers shall be kept outside pursuant to the "South Florida
15 Fire Prevention Code ", Chapter 14 - Article III of the Miami -Dade
16 County Code of Ordinances and shall be held in an ,approved area and
17 properly screened
18
19 (D) Criteria
20
21 (1) Location. Permanent generators shall only permitted on improved property
22 with a principal structure and installed behind the front facade of the structure.
23 (2): Setbacks. The generator shall be installed a minimum of 12.5 feet from the side
24 l and rear property lines.
25 (3) Noise. The maximum :noise output from the generator cannot exceed 65dB
26 (decibels) at the minimum setback.
27 (4) Emissions.
28 (a) Generator shall be installed at least five feet away from any window, door, or
29 other opening into the dwelling.
30 (b) Generator's exhaust shall be placed five feet from any window, door, or
31 opening into the dwelling, and a minimum of 15 feet from abutting properties.
32 (c) A battery- powered carbon monoxide detector shall be purchased and placed at
33 the nearest window, door, or opening into the dwelling
34 (d) The United States Environmental Protection Agency (EPA) and the California
35 EPA Air Resources Board test and certify small engines for minimal.
36 emissions:
37 (i) If the proposed generator is 'EPA or CARB certified, the generator
38 shall be deemed to meet safe emissions standards.
39 (ii) If the generator is not EPA or CARB ` certified, the Building
40 Department shall make a determination if the generator "submitted by
41 the applicant will result in ' emissions performance which are
42 equivalent to the above standards.
43 (5) Electrical requirements, generally:
44 a) Electrical permit for the installation of the generator shall be obtained by the
45 licensed electrician or the electrician's anent.
3 of 5
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I b) The input of electrical devices into the generator shall not exceed the output of
2 the generator.
3 cry change in electrical inputs into the generator shall receive prior approval
4 from the Building Department and shall be performed by a licensed
5 electrician. Applicant shall resubmit all necessary items listed in Section C
6 herein.
7 d) The generator shall be certified by the Underwriters Laboratory (UL) for
8 electrical safety.
9
10 (6 ) Gas Supply, internally
11 a) An internal ag_ s supply into a generator shall be installed by an appropriate
12 licensed ` professional and the professional shall obtain all - proper and
13 necessary permits.
14 b) All specifications and information concerning an internal gas feed shall be
15 submitted with all other necessary information required.
16
17 (7 ) Gas Supply, externally
18 (a) In order to assure safety from fumes, spillage, and other safety precautions
19 the Building Department shall examine and have the power to approve:
20 M Type of fuel;
21 (ii) Fuel storage containers, and;
22 (iii) Outdoor fuel holding area
23
24 (b) The Planning Department will examine site plans for an outside fuel storage
25 area and appropriate screening,
26 (c) The applicant shall submit all information required under (D)(2)(g) of this
27 ordinance.
28
29 Usa e
30
31 The use of permanent generators shall be permitted only during the following_
32
33 (1 ) General power outage
34 (a) shut off immediately after utilities are restored
35 (2 ) Monthl testing
36 (a) Only during the period 9 :00 AM to 5 :00 PM
37 (b) Testing shall not exceed 30 minutes
38
39 Fees
40
41 (1) A $50 fee shall be paid to the Planning Department as part of the site plan inspection.
42 (2) Additional fees shall be established pursuant to Ordinance No. 15 -04 -1822 as
43 amended, "Processing` Fee Schedule ", of the City of South Miami.
44 (3) If the generator is externally filled, or does not meet emissions certifications
45 standards, the Planning Department or Building Department may have to assess
W e O
I
additional fees to the 'applicant for research into whether or not the generator meets
2
safe emissions standards.
3
4
(G) Final Inspection
5
6
(1) Applicant shall sgUM a final site plan inspection with the Planning Department within
7
seven (7) days of final installation and screening of permanent generator and outdoor
8
fuel storage area., where applicable:
9
(2) No later than six months following the he approval for a permanent generator, the
10
applicant shall schedule a final inspection with the Department for verification and
11
acceptance of the final' work' authorized.
112
(3) Failure to meet final inspection deadlines shall:
13
(a) Prohibit the installation and use of the permanent generator, and
14
(b) Cancel the application process and force applicant to reapply to the Planning
15
Department and Building Department and pay all appropriate fees, or
16
(c) Force the golicant to immediately remove the generator from the property
17
with notice, if there is no compliance
18
19
20
Section 2. If any section, clause,' sentence, or phrase of this ordinance is for any
21
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
22
shall not affect the validity of the remaining portions of this ordinance.
23
24
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this
25
ordinance are hereby repealed.
26
27
Section 4 This ordinance shall be effective immediately after the adoption hereof.
28
29
30
31
PASSED AND ADOPTED this day of , 2006
32
33
ATTEST: APPROVED:
34
35
36
CITY CLERK MAYOR
37
38,
1" Reading
39
2nd Reading-
40
COMIVIISSION VOTE:
41
READ AND APPROVED AS TO FORM: Mayor Feliu:
42
Vice Mayor Wiscombe:
43
Commissioner Palmer:
44
Commissioner Birts- Cooper:
45
Commissioner Beckman:
46
CITY ATTORNEY
47
48
E: \Comm Items\2006\3- 7- 06\PB -06 -003 LDC Amend Generator Ord.doc
49
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
IV. Planning Board Applications / Public Hearings
PB -06 -003
Applicant: City of South Miami
AN ORDINANCE - OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD
SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR
PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE.
Action: Ms. Yates read the ordinance` into the record. Mr. O'Donniley provided a
background '`of this item. In 2005, South Florida and the City of South Miami saw an
increased number of tropical systems that caused frequent and long -term power outages
throughout the city and region. In reaction to the power outages, many residents of the city
have begun purchasing or looking into purchasing permanent home generators. Concerned
Planning Board Meeting
January 31, 2006
Page 2 of 4
residents have also requested the Planning Department create an ordinance regulating the
use of permanent home generators.
Mr. O- 'Donniley then explained the proposed amendment which would add to existing
Section 20 -3.6 which is part of the LDC Supplemental Regulations. The amendment would
create Section 20.3.6(S) "General Requirements and Standards for Permanent Generators
in Residential Zone Districts ". The new amendment addresses issues of safety, nuisance,
and environmental issues as requested by the citizens of South Miami. He summarized the
major components of the amendment which include:
i
• Environmental and electrical standards and certifications;
• Requirements for screening of generators and provisions for safe fuel storage;
• Safety provisions concerning harmful carbon monoxide emissions;
• Setbacks requirements and noise regulations;
• Creation of a process for site plan approval by the Planning Department and a
process for installation approval by the Building Department; ,
• Creation of an application and fee system for permanent` generators;
• Generators being installed in two family, townhouse or multi - family, districts would
be subject to the Special Use Approval process in addition to the standards and
requirements set forth for all residential districts.
Mr. Comendeiro expressed his concern that the setback requirement of having a minimum
of 15 feet from the side property line may be difficult for homeowners to comply with
since some lot sizes in this city,are smaller than other. Ms. Yates also commented that the
setbacks for the side and rear property lines need to be less' stringent so that smaller lot
sizes in South Miami have the opportunity to install permanent generators.
Chairman Mr. Morton opened the public hearing.
Speakers.
NAME ADDRESS SUPPORT /OPPOSE
Kimber Maviani 5850 SW 84 St. Neutral
Ms. Maviani ;provided the Board a hand -out on generator setbacks and decibel information
she compiled. Ms. Maviani indicated that the allowance for rear properly line setback is
too far because at 15 feet from the rear that puts the 'generator 5 to 10 feet from the
installing house. Also, she noted that lot sizes in South Miami do not accommodate 15 feet
setbacks with a generator being placed 5 feet from the house and that with this proposal the
generator will be in the middle of the backyard.
Manfred Ledford 6461 SW 72 St. Neutral
Mr. Ledford stated that he appreciated the work staff has done on researching this item.
However, he thinks that there are some requirements such as the side setback that are very
restrictive and should be tweaked so that all South Miami resident have the chance to
install a generator if they wish to.
Yvonne Beckman Neutral
�It
Planning Board Meeting
January 31, 2006
Page 3 of 4
Ms. Beckman mentioned that new homeowners and builders that are constructing new
mansion -type homes should be aware of this new ordinance so that accommodating a
permanent generator will not become a problem. Ms. Beckman also suggested looking into
solar powered generators because the idea of having a tank of gasoline in the yard is
unsettling.
The Board resumed discussion on this item. Ms. Lahiff inquired if the city could regulate
the time at which generators could be operating. Mr. O'Donniley replied it was possible to
limit the hours of operation if the Board agreed to change it. On page 3, Section 20- 3.6(S)
(D)(4)(d)(ii), Mr. Beilman suggested in reference to portion that reads "the generator meets
safe emissions standards," if the standards could be quantifiable. Mr. Beilman proceeded to
make a motion.
Motion: Mr. Beilman motioned to add in the "Criteria" portion Section 20
3.6(S)(D)(4)(d)(ii) "the Building Department shall make a determination on whether the
generator meets safe emissions standards or its equivalent to meeting safe emissions
standards that are quantifiable." Mr. Comendeiro seconded the motion.
Chair Morton suggested the proposed amendment be discussed further and then a general
motion could be made that would incorporate all the changes to the amendment. The Board
agreed and continued discussion on the item,
Mr. Beilman withdrew his previous motion.
Mr. Davis asked about permanent generators and how will they be affected by this
ordinance. Mr. O'Donniley replied that permanent generators that are presently installed
will be grandfathered in however; if they get replaced they will have to comply with the
new ordinance.
Motion: Mr. Comendeiro made a motion for approval with the amendments listed below:
(1) On page 3, Section 20- 3.6(S)(C)(3)(c) fill in the blank space:
(2) On p age '3, Section 20- 3.6(S)(D)(4)(d)(ii); add to the section that refers to emissions,
"the building department shall make a determination on whether the generator meets
safe emissions standards or its equivalent to meeting safe emissions standards that are
quantifiable."
(3) On page 3, Section 20- 3.6(S)(D)(2) Change the rear and side setback to a minimum
of 12.5 feet from property lines.
(4) On page 3, Section 20- 3.6(S)(D)(3) Change 63 dB to 65 dB
(5) On page 3, Section 20- 3.6(S)(D)(5)(a) reword the sentence to read `Electrical permit
for the installation - of the generator shall be obtained by the licensed electrician or the
electrician's agent.
(6) On page 4, Section 20- 3.6(S)(E)(2)(a) monthly testing will only occur during the hours
of 9:00a.m. to 5:00p.m. Monday through' Friday.
Planning Board Meeting
January 31, 2006
Page 4 of 4
(7) On page 4, Section 20- 3.6(S)(E)(2)(b) testing shall not exceed 30 minutes.
(8) On page 5, Section 20- 3.6(G)(3)(iii) delete the word "without" and add the wording
"with notice, if there is no compliance ".
Ms. Yates seconded the motion.
Vote: Ayes 7 Nays 0
MIAMI DAILY UlUblNt'S5 KhVItW
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
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 3/7/2006
in the XXXX Court;
was published in said newspaper in the issues of
02/24/2006,
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
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t ' dve ' en or publication in the said
newspape
Sworn to and subscribed before me this
24 day of FEBRUARY A.D. 2006
(SEAL)
Cheryl H Marrner
O.V. FERBEYRE personally known to me MY Commission'DD338W9
%J W Expires July 18, 2o08
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1927 �..
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2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor ;& Date: March 7, 2006
Commission Members
ITEM No.
From: Yvonne S. McKinley Re: Special Use Approval
Acting City Manage 5741 Sunset Drive
Restaurant -Shops at Sunset
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A
RESTAURANT TO BECALLED CHEESEBURGER IN PARADISE IN THE "SR (HD)"
SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)
REQUEST:
Pursuant to section 20 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, Eric Hartman on
behalf of Cheeseburger in Paradise Restaurant, is requesting a Special Use Approval to operate a general
restaurant to be called "Cheeseburger in Paradise" at the above referenced location. The Shops at Sunset
Place is located in the "SR(HD) ", Specialty Retail Hometown Overlay Zoning District. A restaurant use is
allowed in the SR(HD) zoning district. The restaurant requires Special Use Approval.
The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b)
General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. A general restaurant is defined
as an establishment where the principal business is the sale of food and beverages to the customer in a
ready -to- consume state and where the'designlshall provide a sit -down area for the customers.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by ,the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The overall purpose is to determine the
compatibility of the proposed use with the surrounding neighborhood. Special uses may also be required
to comply with the additional requirements, which are set forth in Section 20- 3.4(B)(4)(b). In case of a
general restaurant the following supplemental requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property. Public
streets, rights -of -way, sidewalks "', and required 'setbacks may not be used for patio or street -
side services of any kind. A separate application for outdoor seating would be required.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review and recommend approval, disapproval or modification of
all site plans and project specifications for this special use permit.
�.-+— bra, K
5701 Sunset Drive/ Tenant Space
Special use approval
March 7, 2006
Page 2 of 3
The requested special use must also comply with the standard LDC conditional requirements set forth in
Section 20 -5.8 in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
(c) Complies with all other applicable Code provisions.
SHOPS AT SUNSET RESTAURANT »STATUS:
On April 1, 1997, the City Commission approved Resolution No. 64 -97- 10035, allocating the Shops at
Sunset Place a total of 61,250 square feet of restaurant space. Please note, the following table depicts the
status of allocated square footage that has been approved by the Planning Board and the City
Commission:
Current Status of Restaurants located in the
Shops at Sunset Place
Name'of
Square Footage
Date of Planning Board Appearance
Date of City
Restaurant
Approved Exist
Commission Hearing`
GameWorks'
5170
5170
Recommendation for approval 4 /14/98
Approved 5/05/98
Swampy's
12,686
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Wilderness
Out of Business
Grill
The Country
8579
8579
- Recommendation for approval 5 /12/98
Approved 6/02/98
Store/ El
Out of Business
Tropico/
Martini Bar
Recommendation for approval 10/4/04
Approved 11/1/04
Coco Pazzo /
5782
0
Recommendation for approval 5 /12/98
Approved 6/02/98
Out of Business
Johnny
2230
2230
Recommendation for approval 5 /26/98
Approved 6/09/98
Rockets
China Grill
6554
0
Recommendation for approval 6 /30/98
Approved 7/21/98
Out of Business
Xando
1993
0
Recommendation for approval 12/30/98
Approved 115199
Out of Business
The Pizza
0
1204
(Temporary)
Place'
Zane
1815
1815
Recommendation for approval 8/08/00
Approved 09/05/00
Marhaba
Red Bowl
5566
0
Recommendation for approval 12/12/00
Approved 01/09/01
Fresh Grill
Pulled out
Dan Marino's
6540
6540
Recommendation for approval 01 /30/01
Approved 02/20101
Town Tavern
Elli's Brick
2734
0
Recommendation for approval 10/29/02
Approved 11/21/02
Oven Cafe
Out of Business
'Total Current 25,538
Total Approved, ` 59,649
Area remaining for restaurant use: 61250 - 25,538 = 35,712 sq. ft..
5701 Sunset Drivel Tenant Space
Special use approval
March 7, 2006
Page 3 of 3
STAFF ANALYSIS:
(1) The proposed area of the restaurant/lounge is located in first floor tenant spaces B13, B14 and B15
which is at the northwest corner of Red Rd. and Sunset Circle. The spaces were previously occupied
by retail stores. The restaurant will occupy 7,386 sq. ft.
(2) The square footage addition of the proposed new restaurant will not result in the Shops at Sunset
Place exceeding the 1997 allocated total square footage for restaurants. The required parking spaces
for all restaurants were included in the initial approval' of the Shops. Based upon this analysis there
are no additional spaces required.
(3) The proposed' restaurant will not adversely affect the health or safety of persons residing or working'
in the vicinity; and the proposed use will not be detrimental to the public welfare or property or
improvements in the neighborhood:
PLANNING BOARD ACTION
The Planning Board at its February 16, 2006 meeting adopted 'a motion by a vote of 5, ayes 0
nays recommending approval of the proposed special use.
RECOMMENDATION
It is recommended' that the subject application be approved with the following conditions:
(1) All signage for the new establishment is subject to approval by the City's ERPB; external signage for
the new establishment is limited in size and location to the existing signage for the previous occupant
of spaces;
(2) If the subject general restaurant is, in the future, determined by the Director of Planning, to be
adversely affecting the health or safety of persons residing or working in the vicinity of the proposed
use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be
not in compliance with other, applicable Code provisions, the special use approval may be modified or
revoked by the City Commission upon notification and public hearing.
Attachments:
Draft Resolution
Application
Location Map
Letter of Intent
Copies of Public notices
Floor Plan
YSM/DO SA Cap
E: \Comm Items \2006\3- 7- 06\PB -06 -004 Shops Cheeseburger Report.doc
l"
2
3 RESOLUTION NO.
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY ` OF SOUTH
6 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
7 LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A
8 RESTAURANT TO BECALLED CHEESEBURGER IN PARADISE IN THE `ASR (HD)"
9 SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
10 SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE)
11
12
13 WHEREAS, an applicant, Eric Hartman on behalf of Cheeseburger in Paradise Restaurant
14 has submitted an application for a special use to allow a general restaurant to locate in the "SR(HD)"
15 Specialty Retail Hometown District Overlay zoning district specifically located at 5701 Red Road (Shops
16 at Sunset Place); and
17
18 WHEREAS, a; general restaurant is allowed as a special use in the "SR(HD)" Specialty Retail
19 Hometown District Overlay zoning district subject to meeting general conditions specified in LDC
20 Section 20 -5.8 and subject to meeting special requirements set forth in LDC Section 20- 3.4(B)(4)(b); and
21
22 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
23 and the approval of the City Commission after a public hearing; and
24
25 WHEREAS, on February 16 2006 the Planning Board, after public hearing, voted 5 ayes 0 nays
26 to recommend approval with conditions of the special use request; and
27
28 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
29 recommendation of the Planning Board.
30
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
33; OF THE CITY OF SOUTHMIAMI, FLORIDA:
34
35
36 Section l: That an application for special use to allow the general restaurant entitled "Cheeseburger in
37 Paradise " - to locate in the "SR(HD)" Specialty Retail Hometown District Overlay zoning district
38 specifically located at 5701 Red Road (Shops at Sunset Place) is "hereby approved subject to the
39 following' conditions:
40 `
41 (1) All signage for the new establishment is subject to approval by the City's ERPB; external signage for
42 the new establishment is limited in size and location to the existing signage for the previous occupant
43 of spaces;
44
45 (2) If the subject general restaurant is, in the future, determined by the Director of Planning, to be
46 adversely affecting the health or safety of persons residing or working in the vicinity of the proposed
47 use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be
48 not in compliance with other applicable Code provisions, the special use approval may be modified or
49 revoked by the City Commission upon notification and public hearing.
50 -
l_
2
3
4 Section 2: This resolution shall be effective immediately after the adoption hereof.
5
6
7
8
9 PASSED AND ADOPTED this _ day of 2006
10
11
12
13 ATTEST: APPROVED:
14
15
16 CITY CLERK MAYOR
17
18 Commission Vote:
19 READ AND APPROVED AS TO FORM: Mayor Feliu:
20 Vice Mayor Wiscombe:
21 Commissioner Palmer:
22 Commissioner Birts:
23 Commissioner Beckman:
24 CITY ATTORNEY
25
26
27`
2$
29
30
31
32
33
34
-35
36
37
38
39
40
41
42
43
44
45
46
47 EAComm Items\2006\3- 7- 06\PB -06 -004 Shops Cheeseburger Resolution.doc
01/10/2006 15:05 3056687356 CITY OF SOUTH MIAMI PAGE 06
Agft City of South Miami
Planning & Zoning Deparrment
MEMW City Hall, 6130 Sunset ]hive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax; (305),566-4591
Application For Public Dearing Before Planning Board & City Commission
Address of Subject Prop".- Lot(s)
C
Block Subdivision
PB(s)
— --
Meets & Bounds: `
pplicant: Uar*v r ✓8 Phone: r°' _
lt i. '��
epresentative. 1 G �` Organization:
[Address:
WD l�lzY
J� 1 1 � r7 r✓lt- Phone:
M
i
Profanity owner. irrlm7l Signature:
Mailing Address:
chitect/E in er hone:
_
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS
PROJECT:
yawner �- Owner's Representative - _Contract to urohase Opt
on`to purchase enanULessee
AP'P'LICATION 15.NER W MADE FOR THE FOLLOWING:
SIJRIIAITTED lYIATERlALS
PLEASE CHECK THE APPROPRIATE ITEM:
'PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC _Variance
Y Letter of intent
—Zoning Map Amendment §peclal Use
_ Justifications for change
PUD Approval " _Special Exception
—Statement of hardship;
PUD Major Change —Other
Proof of ownership or letter from owner
Power of attorney
Briefly explain application and cite specific Cade sections:
~ Contract to purchase
Current survey (1 original sealed and
��
' "
signed/] reduced copy C 11"x 17")
Y15 copies of Site Plan and f=loor Plana
r
1 reduced copy @ 11" x 1T'
Property owner signatures /,�' ,
,
Section: Subsectlon.] Page #; Amended Date:
,/20%
,p Mailing labels (3 sets) and ma! p
Required Fee(s)
The undersigned has re this cgmpleted a plication''and represents that the information and all submitted materials are true and
correct to th best o icant's knowledge and belief.
Applicant's Signature and title Dat:
Upon receipt, lications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regu ions, Applications found not in compliance will be rejected andpremmed to the applicant.
OFFICE USE ONLY.
Date Filed Date' of PB Hearing Datb of Commission
Petition Required Petition Accepted
Method of Pa ment
8/2100
—T;
0 300 600
900
1,200
1,500
Feet.
`` F � Atlanta
!� cn
C ) �
TM .� l. tl... ...,
Den °•,er
Los A.n ,,les
M iami
January 16, 2006
RE: Letter of Intent
Cheeseburger In Paradise
Dear Planning Commission:
The attached application is to request a special use permit for a change of the existing
retail space to anew Cheeseburger in Paradise restaurant. The restaurant is proposed
to be located within The Shops at Sunset Place at the northwest corner of Sunset Circle
and Red Road on the first floor of the existing building. The square footage of the
proposed Cheeseburger in Paradise is 7,386. The restaurant concept is owned and
operated by Outback Steakhouse, Inc.
The proposed renovation will include interior and exterior changes to the existing mall
building.
Sincerely,
Denise Valenta
Client Program Manager
909 Lake Carolyn Parkway, Suite 600 Irving, TX 75039 T 214.956.3400= F 214.351.2019
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MIAMI DAILY BUSINESS REVIEW zFy
Published Daily except Saturday, Sunday and ,
Legal Holidays
Miami, Miami -Dade County, Florida„
STATE OF FLORIDA -
COUNTY OF MIAMI -DADE:
} xC
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the CITY OFOUTN MIAMI
SUPERVISOR, Legal Notices of the Miami Dally Business IQT�CE OF Pt1BL�CIEARING '
Review f/k/a Miami Review, a daily (except Saturday, Sunday_ �
and Legal Holidays) newspaper, published of Miami in Miami Dade M ` � '
NOTICE IS HEREBY gro @n that the City Commission of the City of South 3
County, Florida; that the attached copy of advertisement, MiamiFlonda�tllottluct�lPu�b ��leangsatits regular Clty
being a Legal Advertisement of Notice in the matter of Commission ee in sschedu�letl foruesday ilAarch7 X006 begin ning ,
�g
At 7 -30 p m in the Cat Commission C am eys 1$0 Sunset , toy
consider the #oilowing items �� ,
CITY OF SOUTH MIAMI
AN O DINANCE OF THE CITY OF SOUTl I „IAMI, FL RID ,
PUBLIC HEARING 3/7/2006 � f
MENDING E LAND DEyELOP)IIIEIT L�E.,�,,OF THE CITY
�S UTH IAMI FI,ORIDITQ�OA lC 020 S jS) 1
in the XXXX Court, ;
was published in said newspaper in the issues of f ;ENTITLEDENERAL REQJIRMENTS �TANDARbS ti
FOti PERMANENT GENERATORSN R SIbENTIALONE
02/24/2006 DISTRICTS, �PjtOVIDINGFOtSEVERABILITY, ORDINANC
ES IN CONFLICT, AND P AVID NG A AFFECTIVE DATE i
o �-,
S�TION OF �T#1E1N�►YOIi D ITYQ NSSIO
Affiant further says that the said Miami Daily Business 'OF THE CIS OF,�SOUTH,MIAMM;REL 1 GTO f�MEQ,UES7
Review is a newspaper published at Miami in said Miami -Dade PURSUANTfO SEsCTION ;i!0(B)�4)(bOFTHE1hND
County, Florida and that the said newspaper has DJ,VELOP� -MENT CODE F"ISP 9.)AL�13E- R 11-i O'
heretofore been continuous) published in said Miami -Dade County, OCATE -W ESTAURA�IT TO � L E SEBUM
Florida, each day (except Saturday, Sunday and Legal Holidays) ty r ,ER 1hP7Rl►DISE 1N TI1E RHD)'P - CIALMETNL t
TO NDISTRICT ;ERL►Y�ZONINGHIST IC f
and has been entered as second class mail matter at the post HOME W
office in Miami in said Miami Dade County, Florida, for
SPECIFICALLY. LOCATED AT 5701 SUNSET pRNE(SH �S'
AT SUNSET PLACED, PROVIDING N E FFECTIV D E
period of one year next preceding the first publication of the MWWW-P i
attached copy of advertisement; and affiant further says that he or tl ` r d
.Above ttemscan�e Gspecfed in the City lerl�s Office on ay F2da i
she has neither paid nor promised any person, firm or corporation` r
dunn�egarofflce�io ��.
any discount, rebate, commission or refund for the purpose r
z
of securing tive ' e or publication in the said If you have any mqumes on the;above items ease con act a Planning.
newspaper
Add Zomng officeat 305 X63 6826'4 rt es
ga
A'-', -d' peesj"invtted;6�it ftpn I ggs �$ )
AaM Meneniers CMC
Gd lerk P f
Sworn to and subscribed before me this
24 day of FEBRUARY A.D. 2006 Pursuant to Flo a�Statutes 286 01p5 the City Ijereby� advises they
public that,lf a pefson decidesjo appeal any decAdd ma @e„�y this;
hoard Agency or Commission with respectoanytafterconstdered at
its,meefing ocleanng he or she vwll need arecord of the pra<eedings,'
-, and that for`suclt purpose; affected person may'neetl #o ensure that a
az
verbatim record of the proceedings is_made which record includes the
(SEAL) testimony antlevidence upon tNhich tFte appeal is to be based
n Cheryl H Harmer X2/34
06561646283M
O.V. FERBEYRE personally known to me • My Commission DD3=Wq
a np"
Expires July 18. 2008
I
RESOLUTION NO.
2
3
4
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HIRING A FORENSIC
6
AUDITOR; AUTHORIZING THE ISSUANCE OF AN RFQ FOR
7
PROFESSIONAL FORENSIC AUDITING SERVICES; AND PROVIDING
8
AN EFFECTIVE DATE.
9
10
11
WHEREAS, the Mayor and City Commission of the City of South Miami desire, in good
12
faith, to conduct a forensic audit of the finances of the City to ensure the current and future health
13
of the city; and,
14
15
WHEREAS, it is in the best interest of the city to periodically hire a qualified forensic
16
accountant to conduct an audit of the city's finances in order to ensure continued compliance with
17
federal, state, county laws, and the city's charter; and
18
19
WHEREAS, the Mayor and City Commission desire to develop an RFQ for a qualified
20
forensic auditor:
21
22
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
24
25
Section 1. The above whereas clauses are incorporated by reference into this
26
resolution.
27
28
Section 2. City staff is instructed to prepare a request for qualifications (RFQ) for
29
forensic accounting services, which RFQ shall be presented to the city commission, for its
30
approval, at the next city commission meeting., The RFQ, upon approval, shall be advertised and
31
distributed. The city commission shall then select a qualified forensic accountant to conduct a
32
two year review and forensic audit of all departments of the City of South Miami. The forensic
33
accountant shall prepare a final written report that shall include findings and recommendations.
34
35
Section 3. This resolution shall take effect immediately upon approval.
36
37
PASSED AND ADOPTED this day of March, 2006.
38
39
ATTEST: APPROVED:
40
41
42
CITY CLERK MAYOR
43
44
45
COMMISSION VOTE:
46
READ AND APPROVED AS TO FORM: Mayor Feliu:
47
Vice Mayor Wiscombe:
48
Commissioner Birts:
49
Luis R. Figueredo, office of city attorney Commissioner Palmer:
50
Nagin, Gallop & Figueredo, P.A. Commissioner Beckman:
Additions shown by underlinin
and deletions shown by ever -stril g.
o� $ o U T� South Miami
� v An- An�C�y
• INCORPORATED ca
+ -
1927
t O R a 2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor & Date: March 7, 2006
Commission Members
ITEM No.
From: Yvonne S. McKinle: Re: LDC Amendment:
Acting City Manage Tree Protection Regulations
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (II), (I), (.t), (K),1: (L), (M) and (N)
FROM ARTICLE IV, SECTION 20 -45 ENTITLED LANDSCAPING REQUIREMENTS IN
ORDER TO PROVIDE FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE
PROTECTION CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING
FOR TREE REMOVAL PERMIT APPLICATIONS,; REQUIREMENTS, REVIEW, FEES, AND
CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION,
APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
In 2005 the City Manager at the direction of the City Commission was requested to update and
strengthen the current Land Development Code regulations governing tree protection and tree
removals. The current regulations are contained as a subsection within Section 20 74.5, which is
identified in the Land Development Code as Landscaping and Tree Protection. The proposed
updating of these regulations are included in the attached draft ordinance.
PROPOSED AMENDMENT
The specific amendment would replace seven subsections (H N) of Section 20 -4.5 that were
part of the LDC Landscaping regulations. The amendment creates a separate Section 20 -4.11
entitled "Tree Protection for All Zoning Districts ". The revised regulations are a significant
improvement over the existing provisions. The following is a summary of the major changes:
• expanded list of definitions;
• clarification of review and enforcement responsibilities;
• clarification of the process needed to obtain a tree removal permit including notification of
abutting owners and posting of the property before a removal decision is finalized;
•
new standard for tree replacement /mitigation- from canopy replacement to width of tree
trunk;
• detailed list of standards for protecting trees;
• creation of an appeal process to the ERPB and City Commission;
LDC Amendment
March 7, 2006
Page 2 "of 2
expansion of penalties and remedies that the City can use to enforce compliance, including
specific penalty fees;
clarification of tree species which are exempt from requirements for removal permits.
PLANNING BOARD ACTION
The Planning Board at its January 10, 2006 meeting adopted a motion by a; vote of 5 ayes 0
nays recommending that the revised tree protection regulations be approved.
RECOMMENDATION
It is recommended that the revised regulations for tree protection (LDC Section 20 -4.11) be
approved on first reading.
Attachments:
Draft Ordinance
Planning Board Minutes Excerpt 140 -06
Existing LDC regulations on tree protection
YSM /DOD /S?Z ' ,Q.
E: \Comm Items\2006 \3 -7 -06 \LDC Amend Tree Report.doc;
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY; COMMISSION OF THE CITY
4 OF SOUTH 1V11AMI, FLORIDA AMENDING THE LAND DEVELOPMENT
5 CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS
6 20 -4.5 (I), (I), (J), (I), (L), (M) and (N) FROM ARTICLE IV, SECTION 20 -4.5
7 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A
8 NEW SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING
9 INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR 'TREE'
10 REMOVAL PERMIT APPLICATIONS, REQUHREMENTS, REVIEW, FEES, AND
I1 CRITERIA FOR REMOVAL;' PROVIDING FOR TREE MITIGATION AND
12 PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND ` REMEDIES;
13 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
14 PROVIDING AN EFFECTIVE DATE
15
16 WHEREAS, the City Commission has directed the City Manager to update
17 and strengthen the current provisions in the Land Development Code pertaining to
18 tree protection; and
19
20 WHEREAS, revised regulations based upon the most up to date national
21 standards have been prepared by the Administration; and
22
23 WHEREAS, the Planning Board at its January 10, 2006 meeting adopted a
24 motion by a vote of 5 ayes 0 nays, recommending approval of the revised
25 regulations; and
26
27 WHEREAS, the Mayor and City Commission desire to accept the
28 recommendation of the Planning Board and enact the aforesaid amendment.
29
30 NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
31 CITY! OF SOUTH MIAMI, FLORIDA THAT:
32
33 Section 1. Sections 20 -4.5 (H), (I), (J), (K), (L), (M) and (N) of the South Miami Land
34 Development Code pertaining to Tree Removal and Tree Removal Permits are
35 hereby removed in their entirety and the title of Section 20 -4.5 is revised to read as
36 follows:
37 20 -4.5 Landscaping for All Zoning Districts
38
39 Section 2. The South Miami Land Development Code is hereby amended by
40 amending the text of said Ordinance by adding a new Section as follows:
41
42 SECTION' 20 -4.11 TREE PROTECTION FOR ALL ZONING DISTRICTS
43
44 (A) Intent and Purpose.
45
46 (1) The intent of this section is to protect, preserve and restore the tree canopy
47 within the City` of South Miami ; by regulating the removal, relocation and
48 trimming of trees.
49
1
.TT, ,,,.�-- _- .-.�.� _., -,,.�- r.. p. ;. --- a"�'"., -.,,: -�.c �-�.T�?.- '�'�?s;,. �sw� '��°' -, ,�.� -- .�+� -`,� ,.,'v��, W .'�"X- �m-.^,.,,`..:•°'- a^' ?��':..�"�z°a"t'.?��.:F;,i'�°'; +�i �,R.
1 (2) The purpose of this section is to assure that the design and construction of all
2 development activity is executed in a manner consistent with the preservation of
3 existing trees to the greatest extent possible.
4
5 (B) Definitions.
6
7 For the purpose of this section, the following definitions shall Apply-
8
9 Applicant: A person who is the owner, authorized agent of the owner, or lessee of
10 a property under a written lease and who is authorized to `apply for a building
11 permit
12
13 Arborist Certified.• One who is well- versed in the art of arboriculture, including
14 tree surgery, the prevention and sure of tree diseases, and the control of insects,
15 and who has the International Society of Arboriculture (ISA) Arborist
16 Certification.
17
18 Branch Collar: Trunk tissue that forms around the base of a branch.
19
20 Caliper: See definition under Sec. 20 -4.5(A
21
22 Controlled tree species: those tree species that tend to become nuisances because
23 of their ability to invade proximal native plant communities or native inhabitants,
24 but which if located and cultivated properly, may be useful or functional as
25 elements of landscape design. This 'section incorporates by reference the Miami -
26 Dade County Landscape Manual listing of controlled tree species.
27
28 Crown: The upper branches of the tree canopy.
29
30 Crown Width: The width of the crown at its widest point measured on a plane
31 parallel to the ground.
32
33 Developed property Property containing a structure which has a valid certificate
34 of occupancy.
35
36 Diameter (DBH): See definition under Sec. 20 -4 5(A)
37
38 Drop - crotch Pruning: A specific lye of pruning designed d to properly reduce the
39 size of trees with the current national arborist standards, '' or any subsequent
40 amendments thereto.
41
42 E fectively Destroyed: The cutting, trimming, or damaging of a tree's trunk,
43 branch, or root system to the extent that the tree is no loner viable.
44
45 Equivalent Replacement: A tree or trees, which due to condition, size and value, is
46 determined by the planning department to be equivalent to the tree to be removed.
47
2
nw f 'i✓'C.: , n�+t�+"F x l-
I Equivalent Value: An amount of money which reflects the replace cost of a tree,
2 (including transportation, ransportation planting and initial maintenance to insure survival ) based
3 on its size, condition and location, following the international society of arbors tree
4 evaluation formula and the market value.
5 ,
6 Exotic Tree Species: A plant species that has been introduced from other re ig ons,
7 and is not native to the region to which it is introduced.
8
9 Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree.
10 This practice is sometimes employed to kill a tree.'
11
12 Grade: The ground level of a subject property, which measures the degree of rise
13 or descent of a sloping surface.
14
15 Hatracking: See definition under Sec. 20- 4.5(A)
16
17 Landscape Manual: The Miami -Dade County Landscape Manual, latest edition,
18 which is the official landscape manual issued by Miami -Dade County, Florida.
19 The Landscape Manual, as amended from time to time, is adopted by reference bX
20 the City and deemed as being incorporated by reference as if set forth ; herein,
21 providing that in the event of an express conflict between the Landscape Manual
22 and this section, the latter will prevail'.
23
24 Large Tree A tree with a mature height of 40 feet or more in height, a mature
25 canopy wider than 22 feet, and "a mature-root system wider than 15 feet.
26
27 Maintenance and Protection: Includes all operations of; pruning, spraying,
28 injecting, fertilizing treating, bracing doing surgery work, cutting above or below
29 the ground.
30
31 Medium Tree: A tree with a mature height of between 26 feet and 39 feet, a
32 mature canopy between `15 feet and 22 feet, and a mature root system between 10
33 and 15 feet.
34
35 Mitigation: Those trees that are planted in order to restore tree canopy within the
36 City and to replace existing trees that are authorized to be removed under this
37 section.
38
39 Native Tree Species: Plant species with geographic distribution indigenous to all
40 or part of Miami- Dade County. Plants which are described as being native to
41 Miami -Dade County in ,botanical manuals such as, but not limited to "A Flora of
42 Tropical Florida" by Long and Laskela, are native ,plant- species 'within the
43 meaning of this definition. This section incorporates by reference the Miami -Dade
44 County Landscape Manual listing of native tree species.
45
46 Nonviable: See definition under Sec. 20-4.5(A)
47
3
I Prohibited Tree Species Those tree species that are detrimental to native plants,
2 native wildlife, ecosystems, human health and/or safety and welfare. This section
3 incorporates by reference the Miami -Dade County Landscape Manual listing _of
4 =prohibited species.
5
6 Protected Tree: A tree with 'a minimum caliper of four inches in diameter, one
7 foot above the ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal
8 Poinciana and Mahogany. Protected trees shall' be processed under the same
9 standards as specimen trees
10
11 Protective Barriers: See definition under Sec. 20- 4.5(A)
12
13 Prun ng/Trimming: The 'selective cutting of tree /plant parts to encourage new
14 growth or better flowering; to remove' old stems or deadwood; or to shape trees
15 according to ANSI A300 Standards. (American National Standards Institute' Tree Care
16 Operations Manual)
17
18 Public Area: Includes all public ways, parks and other lands owned or leased bX
19 the City.
20
21 Public Nuisance: Any tree or shrub or part thereof rg owing upon private or public
22 property which is determined by the planning department representative to
23 endanger the health, safety and general welfare of the City residents.
24
25 Public Wav: Includes all public streets, roads, boulevards, alleys and sidewalks.
26
27 Roots /Root Systems: The parts of the tree containing the organs that extract water,
28 gases and nutrients from the soil and atmos here.
29
30 Shade Tree: Any tree with a mature crown width that is at least two - thirds of the
31 tree's mature height
32
33 Site Plan: See definition under Sec. 20- 4.5(A)
34_
35 Small Tree: A tree with a mature height of 25 feet or smaller, a mature canoe
36 smaller than 15 feet, and a mature root system smaller than 10 feet.
37
38 Sound Nursery Practices: The various procedures involved in landscape nursery
39 work that are in compliance with the Florida Department of Agriculture and
40 Consumer Services standards,
41
42 _Spread: The aerial extent of the branches and foliage of a tree.
43
44 Stems: The main upward axis of a tree, having nodes, bearing leaves above the
45 ground, serving to support the tree and to transport and store food materials.
94
4
5.,,.,:'5
L
Specimen Tree: A tree with any individual trunk or if a multiple trunk tree the
2
sum of the diameter of all trunks, which has a diameter at breast height (DBH)f
3
18 inches or greater, but not including the following;
4
5
a.
Non - native fruit trees that are cultivated or grown for the specific purpose of
6
producing edible fruit, including, but not limited to mangos avocados or
7
species of citrus;
8
9
b.
Non- native species of the `genus Ficus; and
10
11
c.
All multi -trunk trees in the palm family, except Accelorrhaphe wrightii which'
12
have a minimum overall height of 15 feet.
13
14
d.
All nuisance trees are specifically determined to not be specimen trees
15
16
Topping
or Hat - racking: See definition under Sec. 20 -4.5w
17
18
Tree: See definition under Sec. 20- 4.5(A)
19
20
Tree Abuse: Tree abuse shall include:
21
22
a.
Damage inflicted upon any part of a tree including the root system bX
23
machinery, construction equipment cambium `layer penetration storage of
24
materials, soil compaction, excavation, chemical application or spillage or
25
change to the natural ` rg ade;
26
27
b.
Hatrackina;
28
29
c.
Girdling or bark removal of the trunk:
30
31
d.
Tears and splitting of limb ends or peeling and stripping of bark resulting from
32
improper pruning techniques chniques not in accordance with the current ANSIA300
33
Standards; or
34
35
e.
Excessive root cutting.
36
37
£
Damage inflicted to or cutting upon a tree which permits infection or Wiest
38
infestation.
39
40
g.
Cutting u op n any tree which destroys its natural shape.
41
42
h.
Use of climbing spikes.
43
44
i.
Fastening M sign, rope wire or object by nail staple chemical substance or
45
other adhesive means to, through or around an, tree.'
46
47
j.
_Any pruning in violation of the practices established by the National Arborist -
48
Association.
5
6`
7 Tree Removal Permit; The permit required to remove and/or relocate existing
8 tree(s) on or from a subject property.
9
to
Tree service /arborist: Any person, company, corporation or service which for
11
compensation or a fee, performs tree maintenance and protection.
.12
13
(C)
Authority to supervise, enforce, modify and supplement regulations.
14
15
(1)
Planning Department. It shall be the duty of a designated representative of the
16
planning department' to supervise compliance with the regulations contained
17
herein and to cooperate with, and assist, the code enforcement division in the
18
prosecution of M regulation violation cases.
19
20
Q
Code Enforcement Division. It shall be the duty of the code enforcement
21
division to prosecute violations of the regulations contained herein. The code
22
enforcement department may prosecute violations in conjunction and
23
cooperation with the Planning Department or on its own initiative.
24
25
(3 )
City Commission. The City Commission will receive and review all
26
recommendations referred to it by the Planning Board for modification of
27
existing regulations or the addition of supplementary regulations.' AM
28
decision' "to enact regulation modifications or gWlernentpa supplement regulations shall
29
remain within' the sole and exclusive legislative jurisdiction` of the C
30
Commission.
31
32
(D)
Tree Removal Permit Applications, Requirements and Review, Fees.'
33
34
(1)
Permit, When Required. A tree removal permit shall be required" for the
35
removal or relocation of any tree within the City, unless exempted by Section
36
20- 4.11(P). A tree removal permit shall also be required for the pruning or
37
trimming of more than 25 percent of the canopy of a'tree No person agent or
38
representative thereof, directly or indirectly, shall cut down remove relocate
39
or effectively ` remove through tree abuse on any property without first
40
obtaining a tree removal permit as here! inafter provided. No building permit
41
for any work that has the potential to affect trees including new construction
42
additions carport pools decks fences driveways parking lots tennis courts
43
d 1'
emo on or sunilar work, shall .be issued by the Building Department unless
44 thei Planning Department 'has determined that no tree >' removal permit is
45 required or that a valid tree removal permit has been issued in accordance with
46 this section.
47
48 (2) Application Requirements. _Applications shall be made on the form provided
6
'�^= *� -x,:. . ,-- *�- �^`:T... r , r,�.:,.. _ .^r�F..�,� , ,.-���,_ -mac ;"`x.!�",.. ,;;. . °�`r�.; ..�'"'�,�- e°�:.?�� .,,,�. rt � .�; . , ;'v f"9",R- �;,.� -` ,� � :3:�- ',;'- �k�,•��; sue-
._
1 for that purpose and shall include a written statement indicating the reasons for
2 the removal or relocation of each tree. The following documentation and any
3 applicable fees shall accompany applications.
4
5 (a). For applications for tree removal in conjunction with new construction
6 including additions, pools, and decks, a tree survey drawn to scale identifLms
7 the species and listing the height, spread and diameter of all existing trees shall
8 be provided. Said survey shall be prepared by a Professional Land Surveyor,
9 licensed in the State of Florida.
10
11 (b). For applications for tree removal in conjunction with any other activity
12 requiring a building permit or for any other tree removal a site plan drawn to
13 scale identifying the species and listing the height, spread and diameter of all
14 existing trees shall be provided. Said site 1p an map be limited to the
15 immediate area of the proposed work, and photogrgphs of the existing trees
16 within said area may be acceptable in lieu of tree identification re' arding
17 species, height, spread and diameter.
18.
19 (c) A tree disposition plan drawn to scale identifying and listing all existing
20 trees and specifying the condition of each tree and whether said trees are to
21 remain, to be removed and/or to be relocated. This plan shall also illustrate the
22 location of all existing structures and /or all proposed new construction as
23 applicable, the location of any overhead and/or underground utilities and the
24 new locations of existing trees' to be relocated on site. For applications
25 involving the construction of a new building(s) the tree disposition plan shall
26 be prepared by and bear the seal of a Landscape Architect currently licensed to
27 practice in the State of Florida.
28
29 (d) A tree mitigation plan prepared in accordance with Section 20 -4 11(K)
30
31 (E) REVIEW OF APPLICATION
32
33 Upon receipt of a completed application,` the Planning_ Department (hereinafter
34 referred to as Department) shall review said application for compliance with the
35 regulations as set forth in this Section. Such review shall include a field ins ection
36 of the site and referral of the application to other departments or agencies as
37 necessary. Within 15 calendar days of the receipt of a com `lep ted application the
38 Department 'shall issue a preliminary decision a` roving denying or approving
39 with conditions said application.
40
41 (F) NOTICE
42
43 Within 24 hours of the issuance of a preliminary decision to approve or deny an
44 application for a tree removal' permit the Planning Department shall notify the
45 applicant and provide to the applicant a op sting notice advising of the decision
46 The applicant shall be 'responsible for posting the notice of the preliminary
47 decision on or adjacent to the property in a location visible to the general public.
7
I The posting is to remain visible on the subject property for 10 calendar days from
2 the posting date.
3
4 (G) ISSUANCE OF PERMIT
5
6 If no appeal, in accordance with Section 20- 4.11(M ) is timely filed within 10
7 calendar days of the issuance of the preliminary decision, the tree removal permit,
8 if originally approved by the Planning Department, shall become the final decision
9 and a`permit issued. The property owner shall be responsible for insuring that the
to tree removal permit is displayed until the authorized work is completed.
11
12 H FEES
13
14 Fees shall be as established pursuant to Ordinance No. 15- 04- 1822, as amended,
15 "Planning Processing Fee Schedule, of the City of South Miami. Applications
16 from government agencies for tree removals solely in areas dedicated to public use
17 may, at the discretion of the City Commission, be exempted from application fees
18 and permit fees.
19
20 (I) FINAL INSPECTION
21
22 No later than six months following the issuance of the tree removal permit, the
23 applicant shall schedule a final inspection with the Department for verification and
24 acceptance of the final authorized work.
25
26 (d) CRITERIA FOR TREE REMOVAL, RELOCATION AND
27 REPLACEMENT. Any or all of the following conditions may be
28 required:
29
30 (1 ) The applicant ma be quired to redesign the project to preserve spec
imen
31 tree(s), or any other tree determined by the Department to be of substantial
32 value due to its species, size, age, form and/or historical significance, and to
33 provide' an alternate plan, when feasible, which shall include the preservation
34 of said tree(s) and design alterations within the scope and intent of the initially
35 proposed plan.
36
37 (2) Where practical, specimen trees, or any `other tree determined by the
38 Department to be of substantial value due to its species, size, age, form and/or
39 historical significance, that is proposed for removal shall be relocated on or
40 off- site. The applicant shall adhere to acceptable tree relocation specifications,
41 in accordance with ANSI A300 Standards.(American National Standards Institute:
42 Tree Care: Operations Manual)
43
44 (3) If it is impractical to :relocate said tree(s) either on or off. -site, because of age
45 type or size, the applicant shall be required to replace all trees permitted to be
46 removed in accordance with the tree mitigation requirements in Section 20 -4.
47 .11 K
48
8
1 (4 ) The Department may require that the applicant provide a written report from a
2 Certified Arborist before making any determinations in conjunction with this
3 section. The Department may also require monitoring by a Certified Arborist
4 during construction to assure tree preservation.
5
6 (K) TREE MITIGATION
7
8 (1) The Tree Mitigation Chart below shall be used to determine the total number
9 and size of trees that shall be planted as mitigation for all trees permitted to be
10 removed. Mitigation is based on the diameter, in inches (DBH) of the trees to
11 be removed. To determine the required mitigation, calculate the total sum in
12 inches of the diameters of all trees to be removed. This sum will result in one:
13 single number in inches that represents 'the combined total of the diameters of
14 all trees' to be removed. Diameter measurement shall be rounded up to the
15 nearest inch.
16 Tree Mitigation Chart
17
18 Total diameter of Total number of Total number of
19 trees to be replacement trees replacement trees
20 removed ,Sum required (2" DBH OR required 4" DBH
21 of inches at minimum each; minimum each;
22 DBH 1'2' minimum height 16' minimum height)
23
24 2" — 3" 1 or - 0
25 4" — 659 2 or 1
26 751— 12" 4 or 2
27 13" —18" 6 or 3
28 19" — 24" $_ or 4
29 25" — 30" 10 or 5
30 31" — 36" 12 or 6
31 3799-4211 14 or 7
32 43» _ 48" 16 or 8
33 49" — 60" 20 or 10
34
35
36 If the sum of the diameter of trees to be removed exceeds a.total of 60 inches
37 the additional inches shall be added cumulatively from the top of the chart
38 down to the bottom of the chart, to calculate the number of trees required as
39 mitigation.
40
41 (2) Tree Species. Tree(s) installed as mitigation shall be tree(s) of native or
42 non- native species. When more than 10 trees are installed as mitigation, a
43 diversity of species shall be required as per Tree Species Diversityhart
44 below:
45
46
47
48
9
1
Tree Species Diversity Chart
2
3
Required number of trees Required minimum number of species
4
5
11-20 2
6
21-50 4
7
51 or greater 6
8
9
(3)
Prohibited Species. Mitigation shall not be required for the removal of
to
_
M prohibited species except Ficus altissima (Lofty Fig) and Ficus
11
ben` alensis (Banyan Tree), and no fees shall be charged
12
13
(4)
Tree Quality. Trees installed as mitigation in accordance with this section'
14
shall conform to, or exceed, the minimum standards for Florida Number
15
One as provided in the most current edition of "Grades and Standards for
16
Nursery Plants, Part I and II," prepared by the Florida Department of
17
Agriculture and Consumer Services. Trees shall be planted according to
18
sound nursga practices as illustrated in the Landscape Manual.
19
20
(5)
Off - :Site Mitigation. If the total number of trees required as mitigation
21
cannot be reasonably planted on the subject property, the applicant maX
22
enter into agreement with the City, as a rop ved by the Department, to plant
23
the excess number of replacement trees on public pro ggy within the City.
24
25
(6)
Tree Trust Fund. If the total number of trees required as mitigation cannot
26
be reasonably planted on the subject property, but as an alternative to the
27
off -site mitigation provided in Section 20- 4.11(K)(5), the applicant maX
28
contribute into the City's Tree Trust Fund the sum of ($500.00) for each 2"
29
DBH tree required as mitigation in accordance with Section 20- 4.11(K)(1).
30
31
(L) Tree Protection
32
33
(1')
Tree Protection during Construction. Trees shall be protected during
34
construction through the use of protective barriers in accordance with the
35
Landscape Manual. Trees that are to remain shall be clearly identified with
36
tags. A protected' area with a radius of 10 feet shall be maintained around
37
trees to remain in accordance with the Landscape' Manual, unless a certified
38
arborist otherwise determines in writing that a smaller or larger protected
39
area is acceptable for each tree, or an alternative tree protection method is
40
recommended.
41
42
(2) Understory plants within protective barriers shall be protected.
43
44
(3) No oil, fill, equipment, building materials or building debris shall be
45
placed within the areas surrounded by protective barriers nor shall there be
46
disposal of any waste materials such as paints oils solvents asphalt
47
concrete, mortar or any other materials harmful to trees or understory
48
plants within the areas surrounded by protective barriers.
10
1
2
(4) Trees shall be braced in such a fashion as to not scar, penetrate
3
perforate or otherwise inflict damage to the tree.
4
5
(5) Natural grade shall be maintained within protective barriers. In the
6
event that the natural grade of the site is changed' as a result of site
7
development, such that the safety of the tree may be endangered tree wells
8
or retaining walls are re' uired
9
to
(6) Underground utility lines shall be placed outside the areas surrounded
11
by protective barriers. If said placement is not possible disturbance shall
12
be minimized by using techniques such as tunneling
13
14
(7) Fences and walls shall be constructed to avoid disturbance to any
15
protected tree. Post holes and trenches located close to trees shall be dug
16
by hand and adjusted as necess , using eg_ chnigues such as discontinuous
17
footings, to avoid 'damage to major roots.
18
19
(8) During demolition and/or development including installation of
20
irrigation systems or any other underground installations protective
21
barriers shall be placed around each tree and shall remain in order to
22
prevent the destruction or damaging of roots sterns or crowns of such trees
23
The barriers shall remain in place and intact until such time as approved
24
landscape operations begin; however, barriers may be removed temporarily
25
to accommodate construction needs,` provided that the manner and purpose
26
for such temporary removal will not harm the trees. ` The trees shall be
27
properly irrigated throughout the building_ process. Trees damaged during
28
construction shall be subject to the provisions of'Section20 -4 1 LQNJ.
29
30
(9) Tree Pruningffrimming. The pruning or trimming of any tree shall be
31
in accordance with guidelines in the Landscape Manual. No more than 25
32
percent of a tree's living canopy shall be removed within a one-ye
33
period. The practice known as "hatracking" is not permitted and shall be
34
considered a violation of this section. Any other tree abuse or activity
35
that can effectively destroy a tree, shall also be considered a violation of
36
this section. A violation of this section of the code shall be mitigated in
37
accordance with Section 20- 4.11(0).
38
39
(1Vn Appeals, Appellate Fees.
40
41
(1) Appeals to the Environmental Review and Preservation Board The
42
property owner, the applicant or an abutting_ property owner maw pp eal to
43
the Environmental Review and Preservation Board any decision of the
44
Department on matters relating to a plications for tree removal permits by
45
filing within 10 calendar days after the date of the intended decision a written
46
notice of appeal to the secretary of the board. The notice of appeal shall set
47
forth concisely the decision appealed from and the reasons or grounds for the
48
appeal. The Environmental Review and Preservation Board shall hear and
11
I
consider all facts material to the appeal. The Environmental Review and
2
Preservation Board may affirm, modify or reverse the decision > of the
3
Department. All appeals to the Environmental Review and Preservation Board
4
in accordance with Section 20- 4.11(M)(1) shall be accompanied by a fee of
5
one hundred and fifty ($150 ) dollars.
6
7
(2) Appeals to the City Commission. The parties to the ERPB appeal may
8
appeal to the City Commission any decision of the Environmental Review and
9
Preservation Board on matters relating to applications for tree removal permit s
10
by filing within 15 calendar days after the date of the ERPB decision a
11
written notice of appeal with the City Clerk All appeals to the City
12
Commission in accordance with Section 20- 4.11(M)(2) shall be accompanied
13
by a fee of five hundred ($500) dollars. The notice of appeal shall set forth
14
concisely the decision appealed from and the reasons or grounds for the
15
appeal. The City Commission shall hear and `consider all facts material to the
16
Mpeal and may affirm, modify or reverse the Environmental Review and
17
Preservation Board's decision. The decision of the City Commission shall
18
constitute fmal administrative review, and no petition for rehearing or
19
reconsideration, shall be considered by the City. Appeals from decisions of
20
the City Commission may be made to the courts as provided by the Florida
21
Rules of Appellate Procedure.
22
23
(3) No Tree Removal Permitted During An AMeal. Upon timely submission
24
of an appeal made pursuant to the requirements of this section no removal of
25
any trees which could be affected by the subject appeal shall occur, pending
26
final disposition of the appeal.
27
28
29
(N) Enforcement
30
31
(1) Jurisdiction. The Department shall have jurisdiction for the proper and
32
effective enforcement of this section The Department shall have the
33
right to inspect subject properties in accordance with the approved tree
34
removal permit and the provisions of this section.
35
36
(2) Individual Enforcement. Each tree removed without a tree removal
37
permit shall constitute a separate and distinct'' violation and shall be the
38
subject of individual enforcement.
39
40
(3) Tree Viability After Project Completion. If the Department determines
41
that any tree is not viable, alive and r� one year after all
42
associated development activity on the property is completed the
43
Department shall require that said tree be replaced with the same tree
44
species and size which was originally planted or relocated as per the
45
approved tree removal permit.
46
47
48
12
1 (0) Penalties, Remedies Cumulative
2
3 (1) Fine. Any person, or agent thereof, who removes a tree without a tree
4 removal permit, shall be fined a fine of $500 per violation or a greater
5 penalty as proved by law, plus mitigation in the form of replacement
6 trees. Each tree removed without a tree removal permit shall constitute
7 a separate and distinct violation subject to a separate fine and
8 mitigation. This provision does not apply to the exemptions set forth in
9 Sec. 20- 4.11(P)
10
11 (2) Tree Mitigation Required. ` In addition to the monetary fine established
12 above, the planting of replacement trees shall be required. The
13 number of trees required as mitigation for each tree that was removed
14 without a permit shall be based upon Tree Mitigation Chart for Trees
15 Removed Without a Permit, below. If the total number of trees
16 required as mitigation cannot be reasonably planted on the subject
17 property, the applicant may contribute into the City's Tree Trust Fund
18 in an amount based upon the chart below. Mitigation shall be achieved
19 no more than sixty (60) days after the violation has been committed
20
21
22 Tree Mitigation Chart for Trees Removed Without a Permit
23
24 Diameter Number of Number of Contribution
25 ' DBH of replacement replacement into Tree
26 each tree trees required OR trees required OR Trust Fund
27 removed 2" DBH — 4" DBH
28 without minimum minimum
29 a Permit each; 12' each; 16'
30 minimum minimum
31 height
height)
32 2" — 3" 2 or 1 or $1,000
33 4" — 69 4 or 2 or $2,000
34 T» _ i291 8 or 4 or $4,000
35 139'— 1.8" 12 or 6 or $6,000
36 19" — 24" 16 or $ or $8,000
37 25" — 30" 20 or 10 or $10,000
38 31" _ 36" 24 or 12 or $12,000
39 37" — 42" 28 or 14 or $14,000
40 43" — 48" 32 or 16 or $16,000
41 49" or 40 or 20 or $20,000
42 neater
43
44 (3) Irreparable or Irreversible Violations. In the event the Code
45 Enforcement Special Master finds the removal of any tree without the
46 required permit to be irreparable or irreversible in nature it may impose
47 a fine not to exceed five thousand ($5,000) dollars per violation or a
48 greater penalty as provided by law, plus mitigation in the form of
13
I
replacement trees. In determining the amount of the fine the Special
2
Master_ shall consider, in accordance with Section 162 09 - Florida
3
Statues, as amended, the following factors:
4
5
(a) The gravily of the violation;
6
7
(b) Any actions taken by the violator to correct the violations; and
8
9
(c) Any previous violations committed by the violator.
10
11
(4) Withholding of a New Building Permit. ` The removal of any tree in
12
violation of this section shall constitute grounds for withholding new
13
building permits directly related to said tree removal until the violation
14
has been corrected, including the payment of all fines and the planting
15
of all trees required as mitigation, pursuant to this section.
16
Alternatively, in order to obtain the new building permit the person in
17
violation may post a payment and performance bond pursuant to
18
255.05 of the Florida Statues narnin the e City of South Miami as
19
Obligee. The bond shall be in the amount of ten percent of the
20
construction cost or ten percent of the appraised value of the property,
21
if no construction exists. The bond will be maintained in place until
22
the violation has been corrected, pursuant to this section. In the event
23
a bond is not feasible, the City may accept an irrevocable
24
unconditional letter of credit in the previously stated percentages
25
naming theCity , as Payee. This section shall not apply to complete
26
applications submitted to the City on the effective date of this
27
ordinance.
28
29
(5)Withholding of a Certificate of Occupancy. The Department shall not
30
approve the zoning inspection required fora temporary or final Certificate
31
of Occupancy until all violations of this section have been corrected
32
including the payment of all fines and the 1p anting of all trees required as
33
mitigation, pursuant to this section.
34
35
(6)Remedies Cumulative. The remedies provided in this section shall be
36
Cumulative to all remedies provided by law and /or equity, and the election
37
of one shall not preclude
the other.
38
39
QCosts and Fees. In the event the City institutes any civil action to enforce_
40
the terms of this section in a court of com etent jurisdiction the City shall
41
be entitled to recover the fines imposed pursuant to the violation(s),the
42
cost of trees required as mitigation the costs associated with the
43
investigation and nrnCP.Ciltlnn innlncivp of n rPncnnnhla affnrne-xT,o fAA f-
44
45
46
47
48
14
I
2
3
4
5
(P) Exemptions.
The following are exempt from the provisions of this section
(1) Any tree growing in a botanical garden or a licensed plant or tree nurser
6 -
business.
7
8
(2) In the case of a declared state of emergency
by the City Commission
9
wherein the City Manager determines `
in writing that tree removal
10
permitting requirements will hamper private or public work to restore order
11
to the City.
12
13
(3) The removal of anv tree during or following
an emergency such as an act
14
of nature or a life safety issue.
15
16
(4)Removal of any dead tree.
17
18
(5) Removal of any of the following nuisance tree species:
19
20
SPECIES
COMMON NAME
21
22
Acacia Aurculiformis
Earleaf Acacia
23
24
Albizzia lebbeck
Woman's Tongue
25
26
Araucaria heterophll
Norfolk Island Pine
27
28
Bambusa
Tree Bamboo
29
30
Bischofia javanica
Bischofia
31
32
Brassaia actinophylla _
Schefflera
33
34
Casuarina snp
Australian Pine
35
36
Cupaniopsis anacardiodes
Carrotwood
37
38
Enterolobium cyclocarpurn
Ear Tree
39
40
Eucalyptus spp
Eucalyptus
41
42
Ficus spp
Ficus
43
44
Grevillea robusta
Silk Oak
45
46
Hibiscus tiliaceus
Mahoe
47
48
Melaleuca auinguenerva
Melaleuca
15
T.,. ..m..m. rs
fM -51
1
2
Metopium toxiferum Poison Wood
3
4
Psidium guajava/littorale Guava
5
6
Ricinus communis Castorbean
7
8
Sapium sebiferum Chinese Tallow Tree
9
10
Schinus terebinthifolius Brazilian Pepper
11
12
Syzygium cumin Java Plum
13
14
Thespesia-- populnea Mahoe
15
16
(6) Nothing in this section shall be construed to prevent the pruning or
17
trimming of trees where necessary for proper landscape maintenance and
18
safety, provided that no more than 25 percent of the crown or foliaae
19
is removed.
20
21
(Q) Public Property Planting and Maintenance Standards
22
23
1) The planting and removal of trees in the Dublic ri t -of -way shall be the
24
responsibility of the Public Works Department.
25
26
(2) Notwithstanding anything contained in this section to the contrary, the city
27
shall have the sole and exclusive right to plant prune maintain and remove
28
trees, plants and shrubs within the lines of all streets alleys avenues,
29
squares and public areas, as may be necessary to insure public safety or to
30
preserve or enhance the symmetry and beauty of all public grounds The city
31
may remove or cause to be removed any tree or part thereof which is in an
32
unsafel condition or which by reason of its nature constitutes a public nuisance
33
or is injurious to ` sewers electric lines water lines or 'other ' public
34
improvements, or is afflicted with any injurious fungus insect or pest.
35
section does not prohibit the planting of trees adjacent to any public ways by
36
adjacent property owners provided that the trees are properly placed and
37
maintained in accordance with tree planting and maintenance standards
38
39
(R) Planting; in Relation to Utility Lines.
40
41
(1) Utility lines should playa major role in your tree and planting site
42
selection. The ultimate, mature height and width of a tree to be planted should
43
not exceed the available overhead owin space.
pace
44
45
(2) The following is a list of small trees and palms recommended to be plante
46
adjacent to utility lines:
47
48
SMALL TREES
16
1
COMMON NAME
SPECIES
2
3
Sweet Acacia
Acacia farnesiana
4
5
Dwarf Poinciana
Caesal ip nia spp..
6
7
Weeping Bottlebrush
Callistemon viminalis
8
9
Glaucus Cassia
Cassia surattensis
to
11
Citrus: Lemon, Orange, etc.
Citrus spp
12
13
Silver Buttonwood
Conocarpus erectus
14
15
White Geiger
Cordia boissieri
16
17
Orange Ginger
Cordia sebestena
18
19
Loguat
Erobotrya japonica
20
21
Stoppers
Eugenia spy
22
23
Lignum Vitae
Guaiacum sanctum
24
25
Hibiscuc "Standards"
Hibiscus spp.
26
27
Tree Jatropha
Jatropha spp.
28
29
Crepe Myrtle
Lagerstroemia^indica
30
31
Tree Ligustrum
Ligustrum spp.
32
33
Jaboticaba
Myrciaria caulifolia
34
35
Chalcas /orange jasmine
Murraya paniculata
36
37
Wax Myrtle
Myrica cerifera
38
39
Oleander "Standards"
Nerium oleander
40
41
Kopsia
Ochrosia elliptica
42
43
Frangipani
Plumeria rubra
44
45
Yellow Elder
Tecoma stans
46
47
SMALL PALMS
48
17
1
COMMON NAME
SPECIES
2
3
Pindo Palm
Butia capitata
4
5
Cat Palm
Chamadorea
6
Cataractarum
7
8
Bamboo Palm
Chamadorea spp.
9
10
European Fan Palm
Chamaerops humilis
11
12
Areca Palm
Chrysalidoc4Muus
13
lutescens
14
15
Silver Palm
Coccothrinax
16
Ar eg ntata
17
18
Bottle Palm
Hvo horbe
19
Lagencaulis
20
21
Spindle Palm
Hyophorbe
22`
Verschaffeltii
23
24
Pygmy Date Palm
Phoenix roebellini
25
26
Majesty Palm
Ravenea glauc a
27
28
Needle Palm
Rhapidophylium
29
Hystrlx
30
31
Lady Palm
Rhapis excelsa
32
33 _
Dwarf Pahnetto
Sabal minor
34
35
Saw Palmetto
Serenoa repens
36
37
Thatch Palm
Thrinax spp.
38
39
Christmas Palm
Veitchii merrillii
40
41
(S) Emergency Provisions.
42
43
In the event that it is believed that any tree in
the City is in a hazardous
44
condition so as to endanger the public health safety
and general welfare unless
45
it is immediately removed, the City Manager, or his designee may verbally
46
authorize the removal of such tree following a
personal inspection of the
47
subject tree without the securing; of a removal
permit as required by this
48
section. In addition, the provisions and requirements
of this chapter may be
18
q,
1 tgmporarily stgyed by a majority vote of the : City Commission following the
2 occurrence of a hurricane, tornado, flood, or other natural disaster.
3
4
5 Section 3. If any section, clause, sentence, or phrase of this ordinance is for
6 any reason held invalid or unconstitutional by a court of competent jurisdiction, the
7 holding shall not affect the validity of the remaining portions of this ordinance.
8
9 Section 4. All ordinances or parts of ordinances in conflict with the provisions
10 of this ordinance are repealed.
11
12 Section 5. This ordinance shall take effect immediately upon enactment.
13
14
15 PASSED AND ADOPTED this day of 92006.
16
17 ATTEST: APPROVED:
18
19
20
21
22 CITY CLERK MAYOR
23
24 1 st Reading
25 2nd Reading —
26
27 COMMISSION VOTE :.
28 READ AND APPROVED AS TO FORM Mayor Feliul:
29 Vice Mayor; Wiscombe:
30 Commissioner Palmer
31 Commissioner Birts:
32 CITY ATTORNEY Commissioner Beckman:
33
34
35
36
37
38
39
40
41
42
43
44
45
46 E: \Comm Items\2006\3- 7- 06\LDC Amend Tree' Protection Ord..doc_'"
47
48
1`9
S0UT
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• INCORPORATED •
1927
'�CoR�9
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting / Action Summary Minutes
Tuesday, January 10, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
T. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.`
Action: Mr. Morton, Chairperson, requested a roll call.
i
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff,' Ms. Yates,
Mr. Beilman, and Mr. Comendeiro.
Board members absent: Michael Davis
i
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Eve A. Boutsis, Esq. '(City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
IV Planning Board Applications / Public Hearings
PB -06 -002
Applicant: City of South Miami
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE
LAND DEVELOPMENT CODE OF . THE CITY OF SOUTH` MAI II, FLORIDA TO
REMOVE SECTIONS 20 -4.5 (II), (I), (J), (I), (L), (M) and (N) FROM ARTICLE IV,
SECTION 20 -4.5 ENTITLED 'LANDSCAPING REQUIREMENTS IN ORDER TO
PROVIDE FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION;
CONTAINING INTENT, ;DEFINITIONS AND APPLICABILITY; PROVIDING FOR
TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND
CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND
PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 'PROVIDING j
AN EFFECTIVE DATE
i
Planning Board Meeting Excerpt
January 10, 2006
Page 2 of 3
Actions Mr. Comendeiro' read the resolution into the record. Mr. O'Donniley explained'
the Board that in 2005 the City Manager at the direction of the City Commission was
requested to update and strengthen the current Land Development Code regulations
governing tree protection and tree removals. The current regulations are contained as a
subsection within Section 20 -4.5, which is identified in the Land Development Code as
Landscaping and Tree Protection:
Mr. O'Donnley then explained that the specific amendment would replace seven
subsections (H N) of Section 20 -4.5 that were part of the LDC Landscaping regulations.
The amendment creates a separate Section 20 -4.11 entitled "Tree Protection for All Zoning
Districts ". The revised regulations are a significant improvement over the existing
provisions. He summarized the major changes:
expanded list of definitions;
• clarification of review and enforcement responsibilities;
clarification of the process needed to obtain a tree removal permit including
notification of abutting owners and posting of the property before a removal decision is
finalized;
•. new standard for tree: replacement/mitigation- from canopy replacement to width of
tree trunk;
detailed list of standards for protecting trees;
creation of an appeal process to the ERPB and City Commission;
• expansion of penalties and remedies that the City can use to enforce compliance,
including specific penalty fees;
clarification of tree species which are exempt from requirements for removal permits.
The Board reviewed the draft amendment and made the following changes:
• On page 4, Section 20- 4.11(B). Under the definition of "public nuisance" add the
wording "residents" at the end 'of the sentence.
• On page 5, Section 20 -4.1 l (B). Under the definition of "Speciman Tree "(letter d)
delete the second "to" in the sentence.
• On page 6 Section 20- 4.11;(C)(2). Replace the word "Department" with
"Division ".
• On page 7, Section 20- 4.11(D)(2)(c)?. In the last sentence capitalize the title of
"Landscape, Architect ".
• On page 8, .Section 20- 4.11(F). Reword the second line to read "the Planning
Department shall notify the applicant and provide to the applicant a posting notice
advising of the decision".
• On page 10 Section 20- 4.11(J)(5). Review and clean up the section pertaining to
Off -site Mitigation
• On page 15 Section 20- 4.11(P)(2). In the last sentence add the wording "In the
case Qf a declared state of emergency ".
Mr. O'Donniley then recommended approval of the proposed amendment.
f �,
Planning Board Meeting Excerpt
January 10, 2006
Page 3 of 3
Mr. Morton opened the public hearing
No one spoke on the item.'
Mr. Morton closed the public hearing.
Motion: Ms. Yates motioned to approve the Tree Protection Regulations with
amendments and staff's recommendations. Ms. Lahiff seconded the motion.
Vote: Ayes 5 Nays 0
EAComm Items\2006\2 7 =06 \Excerpt Plann BdMinutes trees 1- 10- 06.doc
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(7) The Environmental Review & Preservation Board [E.R.P.B.] may adjust the require-
ments of Sections 20 -4.5 (D) & (E) under the following procedures:
(a) The E.R.RB. on receipt of application for adjustment of landscaping requirements
shall have the authority and duty to consider and act upon such application. The
application shall be filed by the owner or tenant of the property concerned, or by
authorized agents as evidenced by written power of attorney, on forms prescribed
by the Planning Division and accompanied by the E.R.P.B. application fee.
(b) In the application, the applicant shall state clearly and in detail what adjustment
of landscaping requirements are being requested and the reasons such adjust-
ments are warranted, and shall accompany the application with supplementary
data, such as 'sketches, surveys and statistical information to substantiate the
adjustment.
°(c) The E.R.P.B. may approve, modify or deny the requested adjustment, but shall
approve or modify such request only if it determines that approval of any
adjustment would not be contrary to the public interest and would be in keeping
with and would preserve the intent of Section 20 -4.5.
(d) Procedures regarding Board actions and appeals from the decisions of the
E.R.P.B. sh the regulations set forth in Section 20 -6. .
(H) Tree Removal Permit Applicability.
(1) It shall be unlawful for any person, unless otherwise permitted by the terms of Section
_
20 -4.5, to do tree removal work or to effectively destroy any tree, or to effectively
destroy, any understory in a Natural Forest Community, without first obtaining a
permit from the City of South Miami.
(2) The effective destruction of trees designated to be planted, preserved, or relocated
under Section 20 -4.5 (D) & (E) shall not be permitted.
(3) No municipal or County official shall issue a tree removal permit that does not comply
with Section 20 -4.5. Any such permit shall be void.
(4) It shall be unlawful for any person to violate or not comply with any of the conditions
of a City of South Miami tree removal permit.
(5) The following activities are EXEMPT from tree removal permits:
(a) Removal of trees within the yard' area of an existing single - family residence,
provided the trees are not within a Natural Forest Community, , and are not
specimen trees. This exemption does not apply to trees which are growing on
public rights-of-way adjoining existing single- family residences;
(b) Removal' of trees for the construction of a new single- family residence, provided
that:
i. The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot,
or one -half acre or less in size (21, 780) square feet, for nay other zoned lot;
and,
Supp. No. 4 96.32
:^.. wai•'t f .r". .. is . ._ry — '2'Rrz .;,n ., y ,., ,
OTHER REGULATIONS 20 -4.5
ii. The lot is being developed as the principal residence of the owner - builder;
and,
iii. The lot is not within an area designated as a natural forest community; and,
iv. The trees are not specimen trees.
(c)
Removal of any dead tree;
(d)
Removal of trees within State - approved plant nurseries and botanical gardens,
provided said trees were planted and are growing for the display, breeding,
propagation, sale or intended sale to the general public in the ordinary course of
business;
(e)
Removal of trees for the establishment, maintenance, and operation of a bona fide
grove or bona fide tree nursery, except when the proposed tree removal is to occur
in a Natural Forest Community designated under County Resolution No. 1764-84
or under' subsequent revisions of the Natural Forest Community maps, or when
the proposed tree removal will affect specimen trees as defined herein'. Any person
desiring to remove trees pursuant to this provision shall obtain written approval
from the Planning Division prior to the commencement of any such activities
under this exemption;
(f)
Removal of any of the following tree species:
i. Melaleuca quinquenervia (cajeput or paperbark tree);
ii. Casuarina spp. (Australian pine, beefwood);
iii." Schinus terebinthifolius (Brazilian pepper), provided it is not within a
Natural Forest Community, in which 'case a permit must be obtained, prior
to removal, from the Metro -Dade County Department- of Environmental
_
Resources Management;
iv. Bischofia javanica (bishopwood);
V. Ricinus communis (castorbean)
vi, Psidium guajava (guava);
vii. Albezzia lebbek (woman's tongue);
viii. Acacia auriculaeformis (earleaf acacia);
ix. Schefflera actinophylla (Queensland Umbrella Tree);
X. Araucaria heterophylla (Norfolk Island Pine); and,
xi. Metopium toxiferum (poison wood), provided it is not within a Natural
Forest Community, in which case a permit must be obtained, prior to
removal, from the Metro -Dade County Department of Environmental Re-
sources Management.
(g)
Removal of any tree which has been destroyed or effectively destroyed by an Act
of God, or by acts outside of the control of any person, individually or otherwise,
who had or had a legal, beneficial or equitable interest in the real property upon
which such tree is located, which acts could not have been prevented by the
Supp. No. 4
96.33
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
exercise of reasonable care by any such person, individually or otherwise, who has
or had a legal, beneficial or equitable interest in the real property upon which
such tree is located. Where a tree has been destroyed or effectively destroyed by
acts outside of the control of a person who has or had a legal, beneficial or
equitable interest in the real property upon which such tree is located, which acts
could not have been prevented by the exercise of reasonable care by such
this provision shall be construed to impose joint and several liability upon the
person(s) destroying or effectively destroying such tree, and to °exempt from
liability for such destruction or effective destruction the person who has or had a
legal, beneficial or equitable interest in the real property upon which such tree is
located ;;
(h) Removing, trimming, cutting, or altering of any mangrove tree or removal of any
tree located upon land which is wetlands as defined in Section 24 -3, Code of
Metropolitan Dade County, Florida;
(i) Removal of tree within a bona fide fruit grove for the express purpose of
converting said bona fide fruit grove to another bona fide agricultural purpose;
(j) Any mortgagee with respect to property upon which any violation of these
provisions has occurred shall not be liable for such violation unless, prior to said
violation, said mortgagee has foreclosed upon said property or participated in the
management or control of said property, or unless said mortgagee has effected or
caused violations of Section 20 -4.5 occurring on said property. i
(k) Any action which occurred prior to February 21, 1989, shall not constitute a
violation' of Section 20 -4.5 (H) through Q.
(I) Ree Removal Permits Submittals.'
(1) Tree removal 'permits are required for the removal or relocation of any tree not
specifically exempted under § 20- 4.5(H)(5). The Planning Division shall provide permit
application forms which shall be used by applicants.
(2) An owner, agent of the owner, or lessee of a property may apply for a tree removal
permit. If the applicant is a lessee or agent of the owner, a statement from the owner
indicating that the owner has. no objection to the proposed tree removal shall be
submitted with the application.
(3) The permit applicant shall submit to the Planning Division:
(a) A completed tree removal permit application form; and,
(b) Two (2) sets of site plans which shall include the locations of all existing tree
resources and all proposed structures or utilities which may require removal or
relocation of trees; OR,
(c) Two copies of a tree survey as defined in § 20- 4.5(A); OR,
(d) Two copies of a tree survey prepared by a landscape architect, architect or an
engineer registered in the State of Florida, if the submitted site plan (above) does
not provide sufficient information to determine which trees will be affected by
proposed development. \
Supp. No. 4 96.34
OTHER REGULATIONS 20 -4.5
(4) The Planning Division may deny an application, or approve an application and issue a
permit (subject to conditions, limitations or restrictions), for the activity proposed
under the permit application, provided that:
(a) A completed application is submitted and the permit fee is paid;
(b) All required plans or covenants are submitted and are in compliance with the
standards in Section 20 -4.5;
(c) All plans clearly specify conditions, limitations and restrictions required, and
that the permit applicant acknowledges, understands and fully agrees to comply
with all said conditions, limitations or restrictions by signing the permit prior to
its issuance; and,
(d) A performance bond, if required by the Planning Director, is posted:
i. The Planning Director may require the posting of a performance bond to
guarantee compliance with all conditions, limitations, and restrictions of the
tree removal permit, including; but not limited to,' planting of all required
replacement trees.
ii. The bond shall be equivalent to one hundred fifteen percent (115 %) of the
estimated cost of the permitted activity and may be in the form of a letter of
credit, surety, cash, or certificate of deposit.
iii. All performance bonds shall remain in force for a minimum of either one (1)
year after' the actual completion date of the permitted activity (to ensure
that any replanted trees which perish are replaced), or until viability of all
( replanted trees has been achieved, which ever occurs last.
iv. At the discretion of the Planning Director, performance bonds may be
partially released in phases based upon partial completion of planting or
other' permit requirements.
(5) All tree removal permit applications which remain ;incomplete for a period of one
hundred twenty (120) days shall be denied. A new tree removal permit application
shall be required for all work previously; proposed under a permit application which
has been denied. Approved permits shall expire if work, as specified, is not commenced
within six (6) months of issuance.
(6) Any permits related to a Natural Forest Community shall be approved by the
Metro -Dade County Department of Environmental Resource Management [DERM].
(J) Tree Removal Permit Replacement Standards.
(1) Permit review and applicable sub. - sections.
(a) Reviews of completed -tree removal applications shall be conducted by the
Planning Division under a standard' of reasonableness, using the best available
practices from biology, botany, forestry, landscape architecture and other relevant
fields, as appropriate for review;
(b) On receipt of completed permit applications, the Planning Division shall deter-
mine whether the site contains any portion of a Natural Forest Community, trees
subject to protection, or specimen tree (s);
Supp. No. 4
96.34.1
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(c) If a site contains any portion of a Natural Forest Community, then the permit
must be submitted for review by the Metro -Dade County Department of Envi-
ronmental Resource Management`[DERM];
(d) If there are trees present on a site [other than any portion of a Natural Forest
Community or specimen tree(s)], then the replacement provisions contained
under § 20- 4.5(J) (2) shall apply; and,
(e) If a site contains any specimen tree(s), then the replacement provisions contained
under §,20-4.5(J) (3) shall apply for the specimen tree(s), while the replacement
provisions contained under § 20- 4.5(J) (2) shall apply for non., - specimen trees on
the site.
(2) Non - specimen trees. Procedures _ for determining tree replacement. The Planning
Division shall determine the total number of replacement trees required for the
issuance of a tree removal permit according to the following procedural steps:
Step 1: Determining, existing tree canopy coverage on -site. The area of existing tree
cano PY coverage of a site shall be determined by review of aerial photography on -site
inspection, or review of a tree survey.
Step 2: Determining impact area of proposed project. The area of existing canopy
coverage which will be affected (impact area) by the applicant's proposed development
shall be determined by the Planning Division based on review of the submitted site
plan and tree removal permit application form.
Step 3: Determining number of replacement trees required. The total number of trees
required for replacement shall be based on the area of impact and category of
replacement tree selected by the applicant. Each replacement tree shall compensate
for a portion of the tree canopy lost in the impact area, and the following table shall be
used as a standard for determining the required number of replacement trees:
Category of Replacement Tree (See Step' 6 Portion of Impact Area for which Each Re-
below for explanation) placement Ree Compensates
Shade Tree 1 500 square feet replacement area
Shade Tree 2 300 square feet replacement area
Palm Tree 1 - 300 square feet replacement area
Palm Tree 2 100 square feet replacement area
Small Tree 200 square feet replacement area
(a) Any combination of shade 'trees, palm trees, or small trees,` is acceptable as
replacement, provided the total number of trees from all replacement categories
compensate for the lost canopy.
(b) In the event that a replacement tree actually has more canopy coverage at the
time of planting than the amount of credit allowed under the tree; replacement
formula above, then the applicant shall receive full credit for the actual canopy
coverage provided by the replacement tree at the time of planting.
Supp. No, 4 96.34.2'
..�`(`^,
OTHER REGULATIONS 20 -4.5
(c) The applicant shall submit ,a list of proposed replacement trees.
(d) When replacement canopy area - exceeds ten thousand (10,000) square feet,
replacement shall be described in a landscape replacement plan which shall meet
the minimum requirements of § 20- 4.5(J) (4), and no tree removal permit shall be
issued until said plan has been approved by the Planning Division.
(e) When the total number of replacement trees exceeds twenty (20), then the
applicant shall required to submit a landscape replacement plan consistent with
the provisions of § 20- 4.5(J) (4), and no tree removal permit shall be issued until
said plan has been approved by the Planning Division.
Step 4: Location of replacement trees. Specific placement of replacement trees on -site
shall be determined- by the applicant. 'If the site cannot accommodate the required
replacement trees because of insufficient planting area as determined by the Planning
Division, then the applicant shall be required to plant replacement trees at an off- -site
location subject to Planning Division approval, or, as a last alternative, shall provide a
contribution to Account No. 219.355, Tree Trust Fund, to compensate for those
replacement trees which cannot be accommodated on site.
Step 5: Minimum species diversity standards. When more than ten (10) trees are
required to be planted, in accordance with provisions of § 20 -4.5 (J), a diversity of
species shall be required. The number of species to be planted shall be 'based on the
overall number of trees required. The applicant shall be required to meet the following
minimum diversity standards:
Required Number of Trees Minimum Number of Species
11 -20 2
21 -50 4
51 or more 6
(a) When native trees are removed, then all replacement trees shall be native
species otherwise, a minimum of fifty (50) percent of all replacement trees
planted shall be native to Dade County.
(b) Permittees shall not be required to plant in excess of six (6) species. The number
of trees of each species planted shall be proportional to the number of species
required.
(c) As an alternative to the minimum species diversity required herein, an applicant
may propose an alternative species diversity in an alternative landscape enhance -
ment plan described in § 20- 4.5(J) (5).
Step 6: Minimum standards for replacement trees. The Planning Division maintains a
list of species for each category of replacement tree; and, this list may be amended from
time to time. All replacement trees shall have a minimum quality as required for a
Florida No. 1 grade or better. Replacement tree heights shall be determined by the
overall height measured from where the tree meets the ground to the top -most branch,
frond or leaf.
Supp. No. 4 96.34.3
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(a) All category 1 replacement shade trees shall be a minimum of twelve (12) feet in
height at the time of planting and at maturity should have a canopy coverage of
five hundred (500) square feet under normal growing conditions:
(b) All category 2 replacement shade trees shall be a minimum of eight (8) feet in
height at the time of planting and at maturity should have 'a canopy coverage of
five hundred (500) square feet under normal growing conditions.
(c) All category '1 replacement palm trees shall be a minimum of ten (10) feet in
height at the time of planting and at maturity should have a canopy coverage of
three hundred (300) square feet under normal growing conditions.
(d) All category 2 replacement palm trees shall be a minimum of three (3) feet in
height at the time of planting and at maturity should have a canopy coverage of
one hundred (100) square feet under normal growing conditions.
(e) All small trees shall be a minimum of six (6) feet in height at the time of planting
and at maturity should have a canopy coverage of two hundred (200) square feet
under normal growing conditions.
(3)' Specimen Trees. The standards to be applied in reviewing tree removal , permit
applications involving specimen trees are as follows:
(a) Specimen Tree Preservation. Specimen trees shall be preserved whenever rea-
sonably possible, and, upon receipt of an application to remove (a) specimen
tree(s), the Planning Division shall consider the following factors in evaluating
said application:
i. Size and,, configuration of the property;
ii. Size and: of any proposed development;
iii. Location of the tree relative to any proposed development;
iv. Whether or not the tree can be preserved under the proposed plan or any
alternative plan;
V. Health, condition and aesthetic qualities of the tree; and,
vi. Whether the tree poses a threat to persons or property.
(b) Alternate plans. If, after review of above, the Planning Division determines that
(a) specimen tree(s) cannot reasonably be preserved under a proposed plan, then
the applicant shall provide an alternate plan, which shall include preservation of
the specimen tree(s) and design alternations consistent with the scope and intent
of the initially - proposed plan. These alterations may include, but shall not be
limited to.
i. An adjustment of building orientation on a site; and,
ii. An adjustment of lot lines within a site proposal for more than one lot when
the adjustment will not cause unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what
constitutes an unreasonable loss of usable spacer
t
Supp. No.4 96.34.4
OTHER REGULATIONS 20 -4.5
(c) Specimen tree relocation. If preservation of the specimen tree(s) and any
alternate design consistent with the scope and intent of the initial plan are
mutually exclusive, then the Planning Division may issue a permit to relocate the
specimentree(s). If a tree removal permit requires relocation, then the applicant
shall be required to relocate the tree in accordance with the standards in § 20 -4.5
(K).
d) Removal of specimen trees. If relocation of the specimen tree(s) is not feasible due
to the size, health, location, species or any other factor, then a permit may be
issued for the removal of the specimen tree(s), and tree replacement shall be
required.
e) Replacement requirements for specimen trees. As a condition of the issuance of a
tree removal permit for the removal of specimen trees, tree replacement require-
ments shall be twice those specified for the replacement of non - specimen'' trees
under § 20- 4.5(J) (2).
(f) Fee. In the event that replacement is not feasible on site, then alternative` off -site
replacement shall be required, or, as a last alternative, there shall be a
contribution to Account No. 219.355, Tree Trust Fund, for the full value of
replacement trees.
(g) Exemptions from specimen tree replacement requirements. Applicants may be
exempt form the replacement requirements above, but subject to the tree
replacement requirements contained in § 20- 4.5(J) (2), under the following
( circumstances:
i. Upon submittal of a statement from a landscape architect registered in the
State of Florida which indicates that a `'specimen tree, due to disease,
condition, growth habit or any other reasonable botanical factor, does not
provide the aesthetic or environmental .contribution associated with a
specimen tree. Said statement shall include the specific reasons(s) for the
claimed exemption from these' provisions;
ii. When preservation of the specimen tree would cause a foreseeable risk to
property; or,
iii. When a site contains more than one (1) specimentree, and fifty (50) percent
or more of the existing specimen trees and at least fifty (50) percent of the
existing specimen tree canopy area is preserved.
(4) Landscape Replacement Plan. Landscape replacement plans may be required under
the provisions contained in § 20- 4.5(J) (1). All landscape replacement plans shall be
submitted by the applicant and must meet the following minimum standards:
(a) The number of trees, number of species of trees, and size of trees proposed for
planting shall be consistent with 20- 4.5(J) (2) & (3);
(b) The site plan shall include proposed replacement locations for all tree replace-
ments and relocations, and all property lines, proposed and existing' structures,
driveways and utility easements; and,
l
Supp. No. 4 96.34.5
.,-,
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(c) The canopy spread of any tree that is proposed for preservation shall be shown on
the plan. Where a portion of the canopy of a tree or trees shall be removed without
removal of the tree(s), a notation shall be made on the plan - indicating the
situation and canopy area,
(5) Alternative Landscape Enhancement, Plan. Instead of replacing all affected trees
pursuant to provisions contained in § 20- 4.5(J) (2) & (3), an applicant may propose to
relocate existing trees or propose a unique project design which provides reasonable
assurance that the project complies with the intent to maintain tree canopy.
Replacement credit may be granted for planting shrubs or ground covers, based upon
the following table, provided, however, that a minimum of fifty (50) percent of the
required canopy replacement is achieved by using shade trees and palm trees as
required under § 20- 4.5(J) (2) & (3).
Category of Tree Alternative Shrub or Ground Portion of ImpactArea for which Each Shrub/
Cover Ground Cover Compensates
Shrub 1 (including small palms) 60 square feet replacement area
Shrub 2/ Ground Cover 30 square feet replacement area
(a) All category 1 shrubs shall be a minimum of two (2) feet in height at the time of
planting and at maturity should have a canopy coverage of sixty (60) square feet
under normal growing conditions.
(b) All category 2 shrubs and ground covers shall have a root 'system sufficient to
sustain growth at the time of planting and at maturity should have a canopy
coverage of ten (10) to twenty (20) square feet under normal growing conditions.
(c) The applicant shall have the burden of demonstrating that a design meets the
intent of § 20- 4.5(J) (2) & (3). At a minimum, an alternative landscaping
enhancement plan shall include, without limitation:
i. A sealed statement, prepared by a landscape architect, registered in the
State of Florida, which indicates that the intent of § 20- 4.5(J) (2) & (3) can
be effectively met through the submission of the alternative design; and,
ii. A site plan, prepared by said landscape architect, registered in the State of
Florida, that includes the proposed location, scientific name or description of
vegetation to be preserved or planted, property lines, proposed and existing
structures, driveways and utility, easements; and,
iii. A, tabulation that identifies any deviations from the requirements of §
20- 4.5(J) (2) & (3) and explicitly provides tree replacement alternatives.
(d) The Planning Division may approve an alternative landscape enhancement plan
when:
i. The design preserves and incorporates existing vegetation; and,
ii. The design exceeds the minimum requirements or equivalent of § 20- 4.5(J)
(2) & (3)•
.'Supp. iVo. 4 96.34.6
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OTHER REGULATIONS 20 -4.5
(K) Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to
the provisions of Section 20 -4.5 shall be consistent with the following minimum standards:
(1) Trees other than palms:
(a) Tree roots shall be ;severed in such a manner as to provide a root ball which is
sufficient to ensure survival of the tree when relocated. A sufficiently - sized
planting hole shall be provided at the relocation site to ensure successful
re- growth;
(b) After root severing, adequate time shall be allowed prior to replanting to ensure
survival of the tree(s). After root severing and prior to relocation, tree(s) shall be
watered a minimum of twice weekly; and, after relocation, said tree(s)' shall be
watered`:a minimum of twice weekly until the tree(s) are established;
(c) During removal and transportation of the tree, the root ball and vegetative
portions' of the tree shall be protected from damage from wind or injury; and,
(d) Any tree that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20- 4.5(J) (2) & (3).
(2) Palms:
(a) A ball of earth at least one (1) foot from the base of the trees shall be moved with
the tree;'
(b) Fronds shall be securely tied around the bud prior to relocation and shall remain .
securely tied around' the bud during the entire relocation process and for a
minimum of one (1) week after relocation; and,
(c) Any palm that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20- 4.5(J) (2) & (3).
(3) Preservation credit for relocated trees. Permittees who successfully relocate trees shall
receive full credit for the relocated trees and the tree replacement requirements herein
shall not app ':
pply to such relocated trees. All relocated trees shall meet the standards set
forth above.
{L) Tree Protection Required Barriers. During site development, protection requirements fbr
trees designated for preservation under an approved tree removal permit shall include, but not
be limited to, the following:
(1) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the
preservation area no less than six (6) feet (in radius) from the trunk of any protected
tree cluster or preservation area unless a lesser distance is specked by the Planning
Division.
(2) Protective barriers shall be a minimum of four (4) feet above ground level and shall be
constructed of wood, plastic or metal, and shall remain in place until development is
completed. Protective barriers shall be in place prior to the start of any construction.
(3) Understory plants within protective barriers shall be protected.
rr =�
i
Supp. No. 4 96.34.7
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(4) No excess oil, fill, equipment, building materials or building debris shall placed {
within the areas surrounded by protective barriers, nor shall there be disposal of any
waster material such as paints, oils, solvents, asphalt, concrete, mortar or any other
material harmful to trees or understory plants within the areas surrounded by
protective barriers.
(5) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise
inflict damage to the tree.
(6) Natural grade shall be maintained within protective barriers. In the event that natural
grade of the site is changed as a result of site development, such that the safety of the
tree may be endangered, tree wells or retaining walls are required.
(7) Underground utility lines shall be placed outside the areas surrounded by protective
barriers. If said placement is not possible, disturbance shall be minimized by
techniques such as tunneling or overhead utility lines:
(8) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post
holes and trenches located close to trees shall be dug by hand and adjusted as
necessary, using techniques such as discontinuous footings, to avoid damage to major
roots.
(9) Trees that are effectively destroyed, shall be replaced according to the standards of §
.20-4.5(J) (2) & (3).
(M) City of South Miami Tree Trust Fund.
(1) Creation of the tree trust fund. There is hereby created a tree trust fund, under
Account No. 01 -02- 19.335, the purpose of which is to acquire, protect, and to plant trees
on public property.
(2) Disbursement and maintenance of the tree trust fund. Monies obtained for the tree
trust fund shall be disbursed for the acquisition, maintenance, management, protec-
tion or planting of trees on public property.
(3) Source of monies for the tree trust; fund. Said tree trust fund shall consist of
contributions in lieu of, or in conjunction with, required replacement plantings under
Section 20 -4.5. The Planning Division shall collect funds designated for the tree trust
fund when the replacement planting requirements of § 20- 4.5(J) (2) & (3) cannot be
met.
(4) Decisions to grant or deny tree removal permits shall be made without consideration
of the existence of this fund or offers of donations of monies thereto.
(N) Violations of Section 20 -4.5.
(1) The Planning Division shall charge and collect permit fees and trust fund contribu-
tions. Applications from government agencies for tree removals in areas dedicated to
public use may be exempted from permit fees.
(2) The Planning Division and Building Division shall have the right to inspect any lands
affected by Section 20 -4.5 and to issue cease and desist orders and citations for
violations.
Supp. No. 4 96.34.8
OTHER REGULATIONS 20 -4.6
(3) Failure to install or maintain landscaping according to the terms of Section 20 -4.5 shall
constitute a violation of this Code.
(4) Failure to plant, preserve, or maintain each individual tree shall be considered a
separate violation of this Code.
(5) Each day in which; either landscaping or individual trees are not installed or
maintained, according to the terms of Section 20 -4.5, shall constitute a continuing and
separate violation of this Code.
(6) Any person, firm or entity violating any provision under Section 20 -4.5 shall be subject
to a fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to
provisions of this Code and State.
(Ord. No. 3 -96 -1603, § 2, 4- 2' -96; Ord. No. 7 -98 -1655, § 1, 4- 21 -98)
20 -4.6 Environmental review standards.
The following standards shall be utilized by the environmental review and preservation
board in ,their review and evaluation of all site and landscape plans as required by this Code.
(A) Natural Environment.
(1) Proposed development shall be designed in such a manner so as to preserve and protect
existing environmentally - sensitive lands and natural resources, such as and including
soils, ground water, surface water, shorelines, vegetative communities, fisheries and
wildlife habitats.
(2) Natural landscaping shall be retained, insofar as is practical, and additional landscap-
ing shall be added, if necessary, to improve the overall visual quality of the proposed
development.
(B) Buildings and Other Structures. Proposed structures; shall be related harmoniously to
the natural terrain, existing buildings and surrounding neighborhood.
(C) Circulation and Parking.
(1) With respect to vehicular and pedestrian circulation, special attention shall be given to
the location and number of access points, general interior circulation, separation of
pedestrian and vehicular traffic and arrangement of parking areas.
(2) Such areas shall be safe and convenient and not detract from the design of proposed
buildings and neighboring 'properties.
(D) Storage.
(1) Exposed storage utility 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 be required to prevent their being incongruous with
existing or contemplated environment or surrounding. properties.
(Ord. No. 15- 92- 1510, 9 -1 -92; Ord. No. 12 -96 -1612, § 2,',7- 30 -96; Ord. No. 19 -96- 1619, §§ 6, 7,
10 -1 -96)
Editor's note — Section 2 of Ord. No. 12 -96 -1612, adopted' July 30, 1996, renumbered §
20- 4.6(E) and (F) as § 20 -4.9;
Supp. No. 4 96.34.9
so U r South Miami
O �
All- mmica City
• INCORPORATES •
1927
A
LOR:Ip
2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor Date: March 7, 2006
& Commission Members
ITEM No. /X
From: Yvonne S McKinl RE: LDC Amendment -
Acting City Manage Affordable Housing Concurrency
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
BY ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE HOUSING
CONCURRENCY" IN ORDER TO RESERVE THE EXCESS RECREATION/PUBLIC PARK
LAND ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED
EXCLUSIVELY TO MEET "CONCURRENCY FOR AFFORDABLE HOUSING PROJECTS;
PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN A EFFECTIVE DATE.
BACKGROUND
There is a recognized regional shortage of affordable housing which is contributing to residents
overpaying for housing accommodations. Persons of low,` moderate, or workforce income levels are
experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable
housing within the City of South Miami. Some City residents earn incomes only adequate to pay for
affordable housing and as a result of the short supply within the City, they may be forced to live in less
than adequate housing or pay a disproportionate share of their incomes to live in housing within
the City. In addition, City has determined that escalating land costs and rapidly' diminishing amounts of
undeveloped land available to be used to meet the city's recreational and park land concurrency
requirements renders the future development of affordable dwelling units within the City unfeasible.
RELATIONSHIP BETWEEN HOUSING AND CONCURRENCY
The City's Comprehensive Plan sets forth a standard that the City must maintain a concurrency standard
of 4 acres of recreation and public park land for every 1000 residents. Concurrent with additional new
housing development the City added (purchased) additional recreational and public park land acreage. In
2005 the City negotiated the purchase of the former YMCA property which is now called South Miami
Park. The result is that the City has 51.54 acres of recreation and public park land, which is a surplus of
1 of 2
4.14 acres above the required level of service. A local government may use this surplus acreage to allow
or encourage expansion of housing units. The government has the authority to charge a developer a
concurrency fee in order to buy required additional acreage or to reserve the acreage for a project.
The above authority formed the basis for the concurrency payment being required of two major mixed
use - housing projects which were approved for development in 2005. These payments helped the City to
fund the purchase of the South Miami Park. The City now has 4.14 acres of recreational and public' park
land to allocate to new housing projects.
IMPLEMENTING AN AFFORDABLE :HOUSING POLICY
Discussion at a recent City Commission meeting by the Mayor and Commissioner Sherar encouraged
staff to consider some form of legislation which would allow the City to use its very valuable commodity
of concurrency surplus to further certain housing objectives. Current development costs, combined with
the prices of the housing market` and increased rents for affordable housing makes it difficult to attract
adequate new construction of affordable housing. These circumstances harm the City's ability to attain its
affordable housing goals articulated in its Comprehensive Plan.
It is proposed that as a matter of public policy the City will reserve the available public recreational and
park land in excess of current demand for concurrency purposes to be utilized exclusively for future
affordable housing projects. This will ensure that recreational and public park land acreage needed to
support affordable housing projects is available concurrent with the impacts of such developments.
PROPOSED AMENDMENT
The attached ordinance amends Land Development Code Section 20 -4.1, which is entitled "Adequate
Public facilities and services ". This section of the Code provides a list of level of service standards which
must be enforced as part of the City's concurrency program. The draft ordinance adds a new sub- section ,
Sec. 20- 4.1(F), "Affordable Housing Concurrency Reserve
The proposed legislation establishes a program which limits the use of the excess recreational and public
park land acreage to meet the concurrency requirements for affordable housing' projects. The legislation
sets up eligibility requirements and an application process. The final product is a Certificate of Capacity
Reservation being issued to a prospective developer of affordable housing units.
PLANNING BOARD ACTION
The Planning Board at its January 31, 2006 meeting adopted a motion by a vote of 7 ayes 0 nays
recommending approval of the proposed legislation.
RECOMMENDATION
It is recommended that the proposed amendment be approved on first reading.
Attachments:
Draft ordinance
Excerpt from EAR Document (p. 52) pertaining to r/p concurrency
Planning Board Minutes 1 -31 -06 Excerpt
Public notices
YSM /DOD /SAV
E: \Comm Items\2006 \3- 7- 06\PB -06 =005 LDC Amend Affordable Report.doc
2 of 2
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMIISSION OF
4 THE CITY OF SOUTH MIAMI AMENDING THE LAND
5 DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY
6 ADDING A NEW SECTION 20 -41(F) ENTITLED "AFFORDABLE
7 HOUSING CONCURRENCY RESERVE" IN ORDER TO RESERVE
8 THE EXCESS RECREATION AND PUBLIC PARKLAND ACREAGE
9 ABOVE THE CURRENTLY ADOPTED LEVEL OF SERVICE TO BE
10 USED EXCLUSIVELY TO MEET CONCURRENCY REQUIREMENTS
11 FOR AFFORDABLE HOUSING ` PROJECTS; PROVIDING FOR
12 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
13 AND PROVIDING AN A EFFECTIVE DATE.
14
15 WHEREAS, Article VIIl, Section '2 of the Florida Constitution provides that
16 municipalities shall have governmental, corporate and proprietary powers to enable
17 municipalities to conduct municipal government, perform municipal functions and render
18 municipal services; and
19
20 WHEREAS, pursuant to the referenced provision of the Florida Constitution, the
21 city may exercise any power for municipal purposes except as otherwise provided by
22 law; and
23
24 WHEREAS, chapter 166, Florida Statutes, the "Municipal Home Rule Powers
25 Act," implements the applicable provisions of the Florida Constitution and authorizes
26 municipalities to exercise any power for municipal purposes, except when expressly
27 prohibited by law and to enact ordinances in furtherance thereof; and
28
29 WHEREAS, within the above referenced grant of powers, the City of South
30 Miami, has the authority to establish land use and development regulations for the
31 protection of the public health, safety and welfare; and
32
33 WHEREAS, there is a recognized regional shortage of affordable housing which
34 is contributing to residents overpaying for housing accommodations and
35
36 WHEREAS, persons of low, moderate, or workforce income levels are
37 experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary
38 affordable housing within the City of South Miami; and
39
40 WHEREAS, some of the residents of the City earn incomes only adequate to pay
41 for affordable housing and as a result of the short supply within the City, they may be
42 forced to live in less than adequate housing or pay a disproportionate share of their
43 incomes to live in adequate housing within the City; and
1
l
2 WHEREAS, the City has determined that escalating land costs and rapidly
3 diminishing amounts of undeveloped land available to be used to meet the city's
4 recreation and public park land concurrency requirements renders the future development
5 of affordable dwelling units within the City unfeasible; and
6
7 WHEREAS, it is necessary to mitigate the impacts of market -rate housing on the
8 supply and cost of affordable and lower than median- income housing, due to the
9 decreasing available supply of developable sites in the City and the upward pressure on
10 the pricing of all housing in community; and
11
12 WHEREAS, current development costs, combined with the prices of the housing
13 market and increased rents for affordable housing makes it difficult to attract adequate
14 new construction of affordable housing. These circumstances harm the City's ability to
15 attain its goals articulated in its comprehensive plan; and,
16
17 WHEREAS, the City Commission has determined that the adoption of this
18 ordinance is in the best interest of the public health, safety and welfare; and,
19
20 WHEREAS, the City desires as a matter of public policy to reserve the available
21 recreation and public park land in excess of current demand for concurrency purposes to
22 be utilized exclusively for future affordable housing projects to ensure that open space
23 needed to support affordable housing projects is available concurrent with the impacts of
24 such developments.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE 'CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. Chapter 20- 4.1(F), entitled "Affordable Housing Concurrency
30 Reserve" of the City of South Miami code is hereby adopted to read:
31
32 (F) Affordable Housing Concurrency Reserve.
33
34 (1;) Purpose.
35
36 The purpose of this chapter is to facilitate the development and availability of housing
37 affordable to a; broad range of households with varying income levels within the City.
38 This chapter is intended to attain the goals in the city's comprehensive plan by facilitating
39 the development of housing to adequately provide for the housing needs of all economic
40 segments of the community, and is particularly concerned with meeting the affordable-
41 housing needs of the community. To meet this goal, the city shall reserve its 2005 excess
42 concurrency recreation land. The excess concurrency recreation' land' shall be used
43 exclusively to meet future concurrency requirements for affordable housing projects. The
i
2
I excess concurrency recreation and public park land may, however, be used to develop
2 projects for which concurrency determinations were made and which received approvals
3 prior to the enactment of this ordinance. Moreover, the above whereas clauses are
4 incorporated by reference into this ordinance.
5`
6 (2) Definitions. For purposes of this ordinance the following terms, phrases,
7 words and derivations shall have the meaning given herein.
8
9 Affordable Housing Project shall mean that segment of the housing market where
10 the housing being developed is targeted at or reserved for Eligible Households that are
11 unable to compete effectively in the existing housing market for City of South Miami and
12 Miami Dade County. The term covers a wide range of providers and tenures including
13 public sector, housing allocations, joint ventures and owner occupation. Affordable
14 housing is not necessarily low cost housing and is further defined below under "Eligible
15 Households."
16
17 Reserved Public Land shall mean the recreation and public park land available in
18 the City's inventory that exceeds the City's 2005 concurrency requirements and which
19 has been reserved to meet future impacts associated with developing affordable housing'
20 projects for Eligible Households.
21
22 Capacity Reservation Allocation shall mean the specific findings made by the City
23 Commission pursuant to Article V. of the City of South Miami Land Development Code
24 that the proposed development constitutes an affordable housing project, and as a result;
25 specific acreage of the Reserved recreation and public park land inventory shall be
26 allocated via a capacity reservation certificate. An issued capacity, reservation certificate
27 shall evidence the allocation of a portion of the City's Reserved recreation and public
28 park land inventory.
29
30 Capacity Reservation Certificate shall mean the reserved recreation and public
31 park land allocated by the City Commission for an affordable housing project
32 development application for a period that corresponds with the associated development
33 permit.
34
35 Developer shall mean any person, 'business, or other legal entity that seeks
36 approval from the city to construct residential units.
37
38 Eligible Households shall mean those households determined by the Miami -Dade
39 County Affordable Housing Agency or other public housing agency to be not less than
40 90% or more: than 120 % of the Median Household Income (work force housing).
41 Eligible 1 Households shall also encompass households or residential developments
42 provided as part of an affordable housing program (adhering to U.S. Housing and Urban
43 Development Guidelines, to wit: — moderate income households must be at 80 % of area
3
�s.?xwp s „Y^^mn7 aS[re,
I median family/household income; low- income must , be at 50% of area median
2 family/household income; and very low- income must be at 30% of area median
3 family/household income) or any other federal or state affordable housing and
4 community development programs. In the event the criteria for qualifying as an eligible'
5 household is adjusted subsequent to the enactment of this 'section, the definition of
6 eligible households for purposes of this section shall be the latest criteria promulgated by
7 the Miami -Dade Housing Agency.
8
9 Median Household Income means the median income of a household within
10 Miami -Dade County. The Median Household Income - shall be determined by Miami
-
I 1 Dade County Housing Agency.
12
13 (3) Application for Certificate of Capacity Reservation.
14
15 An application for obtaining a certificate pursuant to this ordinance shall be made to the
16 City Commission on a form provided by the Planning Director.
17
18 Information to be provided by the applicant shall include at a minimum:
19
20 (a) A property survey by a registered surveyor;
21 (b) A letter of intent;_
22 (c) A site plan;
23 (d) Where the use includes a vehicular use area or landscaped buffer, a proposed
24 landscape plan and information regarding permanent maintenance arrangements;
25
26 (e) A neighborhood location map ` showing all surrounding land uses within five
27 hundred (500) feet of the proposed site;
28
29 (f) All information required for any other type of land use, zoning, or building
30 application necessary for processing the development project; and
31
32 (g) Any other information necessary to demonstrate that the proposed use will
33 conform fully with the requirements of this Code.
34
35 (h) An affidavit affirming that upon receipt of the Certificate of Capacity Reservation,
36 the owner of the property shall record a covenant running with the land, or a
37 declaration of restrictions, in a form satisfactory to the city attorney and in
38 compliance with US HUD regulations, requiring the affordable housing project be
39 use& for affordable housing purposes for Eligible Households for a minimum of 30
40 years. : Failure to comply with the covenant shall result in the revocation of the
4
.x�,.s".�` °F- .Q- _.<'xs.
1
Capacity Reservation Certificate, and further enforcement action as indicated at
2
section 2 -4.1 (F)(5).
3
4
(i)
An affidavit affirming that upon receipt of the Certificate of Capacity Reservation,
5
the owner of the property shall record a covenant running with the land, or a
6
declaration of restrictions, in a form satisfactory to the city attorney, that shall
7
require annual reporting to the municipality of rent rolls or annual unit sales,
8
which annual reports shall verify compliance with subsection (h), above.
9
10
11
(4)' Approval of Capacity Reservation.
12
13
(a)
The Planning and Zoning Department shall prepare a staff report for the City
14
Commission which shall include a concurrency calculation and findings of fact
15
relating to the application and a statement that the proposed projects complies with
16
the definition of Eligible Households and the criteria delineated in Section 20 74.1
17
(F) (3)
18
19
(b)
The applicant shall be scheduled for a public hearing before the City Commission
20
as a resolution.
21
22
(c)
The Applicant shall; appear at the public hearing 'before the City Commission and
23
present the application request for the issuance of a Certificate of Capacity
24
Reservation. After the hearing the City Commission` shall approve or deny the
25
application
26
27
(5) Enforcement.
28
29 (a) This ordinance may be enforced as provided for by Florida law, including the
30 filing of an action in a court of competent jurisdiction to obtain civil remedies,
31 including a restraining order,` injunction and damages. Any enumeration of
32 enforcement mechanisms set forth herein is supplemental and not exclusive.
33
34 (b) In the event that a court of competent jurisdiction finds that an affordable housing
35 developer has failed to meet the requirements of section 20- 4.1(F), the city's
36 building official is hereby authorized to issue a stop work order on all
37 development activity or other approvals requiring site plan review.
-38
39 (c) In the event, the affordable housing project developers, owners, and affiliates, fail
40 to comply with the restrictive covenants identified in section 2 -4.1 (F) (3) (h) and
41 (i) the city may seek specific performance under the covenant, require damages
42 satisfactory to replace the revoked Capacity Reservation Certificate or require the
43 party to purchase land to be used for recreation and public park land purposes.
S
1`
2 (6) Transferability of Certificates
3
4 No Certificate of Capacity Reservation may be sold, assigned, mortgaged or otherwise
5 transferred without the prior approval of the City Commission, at a public hearing and
6 adoption of a resolution authorizing the proposed transaction. -
7
8 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason
9 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
10 affect the validity of the remaining portions of this ordinance.
11
12 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
13 ordinance are repealed.
14
15 Section 4. This ordinance shall take effect immediately upon adoption.
16
17 PASSED AND ADOPTED this day of 2006.
18
19 ATTEST: APPROVED
20
21
22 CITY CLERK MAYOR
23
24 1st Reading
25 2nd Reading
26
27 COMMISSION VOTE:
28 READ AND APPROVED AS TO FORM Mayor Feliu:
29 Vice Mayor Wiscombe:
30 Commissioner Palmer:
31 CITY ATTORNEY Commissioner Birts:
32 Commissioner Beckman:
33
34
35
36_
37
38
39
40
41
42 E: \Gomm Items\2006 \3- 7- 06\PB -06 -005 Affordable Housing Ordinance.doc
43
6
DRAFT City of South Miami 2005 Evaluation and Appraisal Report — August 2005 Draft
II.C. PARKS AND RECREATION
1. Issue Description and Analysis
As a substantially developed urban center, the City of South Miami needs parks and open
space to provide urban relief and an aesthetically pleasing environment. Parks provide
numerous recreational, educational, and environmental benefits, and are an important
component of quality of life. The City is committed to providing recreation and open space
to current and future residents through its Parks and Recreation Department, and
coordination with other public and private agencies, including Miami -Dade County Public
Schools and the Y.M.C.A
The City's adopted Level of Service standard for recreation and open space is four acres of
parks, including School Board facilities, per 1,000 residents. Based on its 2005 population
of 10,850, the City must therefore provide 43.4 acres recreation open space in order to meet
its Level of Service standard. Additionally, recent approvals for residential development
are projected to increase the City's population by approximately 1,000 residents, which
would increase the recreation and open space acreage that the City must provide to 47.4
acres upon the issuance of building permits. (Please note that pending projects are not
considered in the preparation of the official population projections for the City by the State
of Florida, as they are not considered to be an independent source. They are therefore not
considered in the population projections reported in Chapters I. and IV. of this document.)
Table III.C.I. below identifies the City's public and'park/school recreation and open space
by type and acreage. The location of these parks is shown on Figure II.C.1. As can be
seen, the City is providing 51.54 acres of recreation and open space, exceeding its adopted
Level of Service Standard by 8.14 acres, or 4.14 acres is pending' projects are considered.
It should be noted that this calculation'excludes such quasi - public facilities as the 3.5 acre
Girl Scout House, which also address the recreation and open space needs of City residents'.
Table II.C.1.
Recreation and Open Space Inventory
Type
Name
Acrea e
Community
Palmer Park/South Miami Field
9.9
Neighborhood
Dante Fascell Park
7.5
'Neighborhood
Fuchs Park
5
Neighborhood
Brewer Park
1.5
Neighborhood "
Murray Park
3.5
Neighborhood
Marshall Williamson
3.5
Nei hborhood
Jean Willis Park
.5
Y.M.C.A.
9.6
Passive
All - America Park
1.4
Passive
Van Smith
1.14
Park/School
Ludlum, Elementary
2.5:
Park/School
South Miami Elementary
4
Park/School
JRE Lee Community
1.5
Total
51.54
52
SOUT
•
INCORPORATED
1927
�L0RItD
CITY OF SOUTH MIAMI
PLANNING BOARD'
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
I,
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr.` Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E.`Lauderman (Planning Board Secretary).
PB -06 -005
Applicant: City of South Miami
AN ORDINANCE; OF THE MAYOR AND CITY COMMISSION` OF THE CITY OF
SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI BY ADDING' A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE
HOUSING CONCURRENCY" IN ORDER TO RESERVE THE EXCESS
RECREATION/PUBLIC PARK LAND ACREAGE ABOVE THE ADOPTED LEVEL OF
SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY FOR
AFFORDABLE HOUSING PROJECTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN A EFFECTIVE
DATE.
Action: Ms. Lahiff read the item into the record. Mr. O'Donniley explained to the Board,
that a discussion at a recent City Commission meeting, Mayor Russell and Commissioner
,-r
77 .h, ,,.:� ,,, -.r,, -,, ,tear,,.,, °,^°rs,..., =`F,a�3"f°;:,.: =".: ',.;a';'U;.:. ,'^"�.`a,a.; , r-,: y.: a-^ fn,• n, ,,a'-,?.,,Fu;,'c;..;-.c:�;N.F t,°',, ,,s
Planning Board Meeting ;
January 31, 2006
Page 2 of 3
Sherar encouraged staff to consider some form of legislation that would allow the City to
use its very valuable commodity of concurrency surplus to further certain housing
objectives. Current development costs, combined with the prices of the housing market
and increased rents for affordable housing makes it difficult to attract adequate new
construction of affordable housing. These circumstances harm the City's ability to attain
its affordable housing goals articulated in its Comprehensive Plan.
Additionally, Mr. O'Donniley indicated that it is proposed that as a matter of public policy
the City will reserve the available public recreational and park land in excess of current
demand for concurrency purposes to be utilized exclusively for future affordable housing
projects. This will ensure that recreational and public park land acreage needed to support
affordable housing projects is available concurrent with the impacts of such developments.
Mr. O'Donniley also stated that the City's Comprehensive Plan sets `forth 'a standard that
the City must maintain a concurrency standard of 4 acres of recreation and public park land
for every !11000 residents. In 2005 the City negotiated the purchase of the former YMCA
property which is now called South Miami Park. The result is that the City has 51.54 acres
of recreation,and public park land, which is a surplus of 4.14 acres above the required level
of service. A local government may use this surplus acreage to allow or encourage
expansion of housing units. The government has the authority to charge a developer a
concurrency,fee in order to buy required additional acreage or to reserve the acreage for a
proj ect.
The Board began discussion on the proposed amendment found in Land Development
Code Section 20 -4.1, which is entitled "Adequate Public facilities and services ". This
section of the Code provides a list of level of service standards which must` be enforced' as
part of the City's concurrency program. The draft' ordinance adds a new sub - section, Sec.
20- 4.1(F), "Affordable Housing Concurrency Reserve ".
Furthermore, the Z'oard' addressed the proposed' legislation that - establishes a program
which limits the use of the excess recreational and public park land acreage to meet the
concurrency requirements for affordable housing projects. The legislation sets up
eligibility requirements and an application, process. The final product is a Certificate of
ion being issued to a prospective developer of affordable' housing units.
Capacity Reservation
Recommendation
Staff recommended that the proposed amendment be approved.
Chairman Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman Opposed
Mr. Beckman indicated that the city's park land requirement needs to be addressed in order
to meet concurrency for current population. He advised' the Board to review carefully the
ordinance so that adequate park land concurrency is maintained in the future.
Yvonne Beckman Supported
{
i
Planning Board Meeting,
January 31, 2006
Page 3 of 3
Ms. Beckman agreed with the ordinance because she believed affordable housing is a
necessity in the City.
Chair Morton closed the hearing.
Motion: Ms. Yates motioned to approve PB -06 -005. Mr. Comendeiro seconded the
motion.
Vote: Ayes 7 Nays 0
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
0
Q
z
Planning Department
i a
6130 Drive; South Miami, Florida 33143
Sunset
Phone: (305) 663 -6326 Fax #: (305) 668 -7356
On Tuesday, January 31, 2006 at 7:30 P.M., the City of South Miami Planning Board will conduct public hearings in the
! N
City Commission Chambers at the above address on the following items:
PB -05 -022
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
1 =
REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
a
DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET DRIVE AS AN
HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING
W
ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
{
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
PB -06 -003
1 E
Applicant: City of South Miami
°
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE
°
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED
GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE:
PB -06 -005;
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION 20 -4.1 (F) ENTITLED'
"AFFORDABLE HOUSING CONCURRENCYr' IN ORDER TO RESERVE THE EXCESS PARKS AND RECREATION LAND
ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY FOR
AFFORDABLE HOUSING PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT,
{
AND PROVIDING AN A EFFECTIVE DATE:
PB- 05.024
I
Applicant; City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
pp'
THE ADOPTION OF THE FOLLOWING CHAPTER AS PART OF A NEW AND UPDATED LAND DEVELOPMENT CODE
i
CHAPTER VII SUPPLEMENTAL REGULATIONS (Sec. 20 -7); PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed In writing prior to or at the hearing. The planning Board
reserves the right to recommend to the City Commission whatever the board considers In the best Interest for the area involved. Interested parties requesting Information are asked
to contact the Planning and Zoning Department by calling 305- 663 -6326 or writing to the address Indicated above.
Your are hereby advised that if any person desires to appeal any decision made with respect to an matter considered a this meeting or hearing, such persons will need a record of
the proceedings, and for such purpose may need to ensure that a verbatim record of the 'proceedInge is made, which record includes the testimony and evidence upon which the
g appeal is to be based (F.S. 286.0105). Refer to hearing number when making any Inquiry.
°fiRn ,.;'?- 'M'^Y?.'-..<::
y
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
f BOUT$
u
. _ • IRCpRPORrTtO •
. = 1927
�COitI
Planning Department
6130 Sunset Drive, South Miami, 'Florida 33143
Phone.( 305) 663.6326; Fax #: (305) 668.7356.
MIAMI DAILY? BUSINESS REVIEW On Tuesday, January 31, 2006 at 7-:30 P.M. the City of Souin Miami
Published Daily except Saturday, Sunday and ,.Planning . Board,will conduct public' heanngq, in the City Commission
Legal Holidays Chambers at the above address on the following items
Miami, Miami -Dade County, Florida b p8- 05-022 -
STATE OF FLORIDA I . Applicant• City of South Myami ;
COUNTY OF MIRIDA DE: y AN .ORDINANCE OF THE MAYOR AND CITY COMMISSION -
( OF THE CITYAF,SOUTH MIAMI, FLORIDA;,RELATING.TQ A `
Before the undersigned ,authority personally appeared ," REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE
O.V. FERBEYRE, who on oath says that he or she is the CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY
SUPERVISOR, Legal Notices of the Miami Daily Business BUILDING) •LOCATED `AT 5837 SUNSET DRIVE_ AS AN
Review f/k/a Miami Review, a daily (except Saturday, Sunday HISTORIC SITE AND BY PLACEMENT OF AN,HISTORIC
and Legal Holidays) newspaper, published at Miami in Miami -Dade PRESERVATION r OVERLAY :ZONE (HP -OV) OVER' THE
County, Florida; that the attached copy of advertisement, c ;; EXISTING ZONING,; USE DISTRICT FOR THIS.PROPERTY,
being a Legal Advertisement of Notice in the matter of ,PROVIDING ,x.FOR SEVERABILITY," PROVIDING ,FOR
,.ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC-
CITY OF SOUTH MIAMI
PUBLIC HEARING - JANUARY 31, 2006 P8- 06-003
< Applicant Cityof South Miami
in the XXXX' Court, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MUUTAI, FLORIDA, AMENDING,THE
was published in said newspaper in the issues of r LANDDEVELOPMENT _CODE- OF, THE'CITY OF •'SOUTH
;MIAMI,;" FLORIDA ,TO ADD SECTION 20.3 6, (S) `ENTITLED
01/2012006 r +_,GENERAL MR EQUIREMENTS ''AND;'STANDARDS
PERMANENT,.GElillim RS, IN RESIDENTIAL ZONES;
PROVIDING z FOR .�.,SEVERABILITY, _PROVIDING "FOR .
Affiant further says that the said Miami Daily Business ORDINANCES, ,iN CONFLICT, AND PROVIDING AN
Review is a newspaper published at Miami in said Miami -Dade EFFECTIVE DATE , t, ,
County, Florida and that the said newspaper has pB- 06 -005Y { s
heretofore been continuously published in said Miami -Dade County, ,
Florida, each day (except Saturday, Sunday and Legal Holidays) _ ... - aM,Ciry.ofSouth Miami ,.
and has been entered as second class mail matter at the post '
AN ORDINANCE OF.THE,MAYOR AND.GITY COMMISSION
office in Miami in said Miami County, Florida, for OF THE CLTY OF SOUTH MIAMI :AMENDING THE LAND DE- '
.VELOPMENT CODE OF;THEICITY OF SOUTH MIAMI BY.
period of one year next preceding the first publication of the ADDING „A _, NEW ., 5ECT10N 20 -41(F) ENTITLED
attached copy of advertisement; and affiant further says that he or ''AFFORDABLE. HOdUSING CONCURRI IN.ORDER
she has neither paid nor promised any person, firm or corporation ", RESERVEvTHE;EXCESSPARKS -AND RECREATION.L:AND
any discount, rebate, commission or refund for purpose ;;ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO
..
of securing thi dvertise for publication in the said BE, USED EXCLUSIVELY TO MEET CONCURRENCY_0 R
newspaper. AFFORDABLE .HOUSING , PRO. ECTS; " PROV[DING,:FOR!
�SEVERABILITY;,PRO.VIDING FOR ORDINANCES. IN CON,;
FLICTANO PROVIIDING AN A EFFECTIVE DATE
Pe-
Applicanli City of South Miami
Sworn to and subscribed before me this AN,ORDINANCE OF THE.MAYOR'AND CITY COMMISSION.
OF THE CITY OF,$OUTH MIAMI, FLORIDA,'RELATING.TO"
20 day of JANUARY , A.D. 2006 THE ADOPTION.OF,TAlt FOLLOWING CHAPTER AS PART
OF A.NEW.AND,UPDATED LAND. DEVELOPMENT_ CODE
CHAPTER VIhSUPPLEMENTAL REGULATIONS (Sec 20-7);'
,.PROVIDING 2 FOR , $EVERABILITY1- PROVIDING FOR.
ORDINANCES N CONFLICT; AND ;' PROVIDING AN:
(SEAL) EFFECTIVE DATE ,.
)Cheryl H Mamie,.
,,pper All interested parties are urged to attend. Objections or expressions of ap-'
O.V. FERBEYRE personallyhN9 jitBnmission DD338559
proval may be made in person at the hearing or filed in writing prior to or at
Expires July 't 8, 2008 the hearing: Ti Planning Board reserves the right to recommend to the':
pitysCommission whatever the board considers in the best interest for the
area involved. Interested partles requesting information are asked to con
tactithe Planhlng and Zoning Department ;by calling 305-663-_026 or writ;
Ing f o the address mdicafed above
You are hereby advised that if any person desires to appeal an
decision made with respect,to any matter consldered at this meeting:;
or hearing, such person will need a record of the proceedings, and for
rsucli purpose may need to. ensure that a verbatim record, of the
P
roceedings is .made,_which record Includes' the testimony' and l
evidence upon which the appeal Is to be based (F.S. 286.0105). Refer l
Sour �i South Miami
U
• '.INCORPORATED • '®
1927 2001
CO[t -4
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor & Date: March 7, 2006
Commission Members ,
ITEM No.
From: Yvonne S. McKinley RE: LDC Map Amendment -HP -OV
Acting City Manage 6133 SW 63 Terrace
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A'
SINGLE "FAMILY RESIDENTIAL BUILDING LOCATED AT 6133 SW 63rd TERRACE AS AN
HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC ;PRESERVATION OVERLAY:
ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
SUMMARY
The Land Development Code provides that an historic designation recommendation must be
enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is
super - imposed as an overlay over the existing underlying use ` zone. The LDC requires the
Planning Board to hold a public hearing on all designations recommended by the Historic
Preservation Board. The final enactment of an historic designation is the adoption of an
ordinance by the City Commission.
The Planning Board at its January 31, 2006 meeting reviewed an historic designation report for
a single; family residence located at 6133 SW 63 _Terrace. Following a public hearing the
Planning Board adopted a motion recommending that this building be designated an historic site.
APPLICABLE REGULATIONS
The current LDC provides the following regulations pertaining to the City Commission's role
in the historic designation process:
"Section 20- 5.17(E)
(F) City Commission Public Hearing.
(1) Public Hearing Requirement. The City Commission shall hold a public hearing,
pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements
LDC HP -OV Rezoning
6133 SW 63 Terr.
March 7, 2006
(2)
of subsection (2) and as required by the provisions of the City Charter, on each
proposed designation within sixty (60) calendar days of the recommendation by
the Historic Preservation Board and/or the filing of the completed designation
report.
(2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for
each proposed designation of an individual site, district or zone, the Planning
Director shall mail a copy of the designation report to the owner at the address
listed on the most recent tax rolls as notification of the intent of the City
Commission to consider designation of the property."
(3) Objections. Upon notification, any owner of a property proposed for individual
designation who wishes to object shall submit to the City Clerk's Office a
notarized statement certifying the objection to the designation.
6133 SW 63rd TERRACE
The home located at 6133 SW 63 Terrace is the first in a series of proposed designations within
the Community Redevelopment Area resulting from a special survey conducted by members of
the Historic Preservation Board.
The designation of an historic site requires that the Historic Preservation Board approve a
Designation Report which sets forth the history of the building and the architectural
significance. Attached to this staff report is the Designation Report which contains a detailed
history of the building and includes photographs. The designation of the building is based upon
its unique architectural style in the CRA district and in the City of South Miami. The
Designation Report describes the significance of the property on pp. 6 and 7.
STAFF OBSERVATIONS
(1)' The designation report and the procedures followed by the Historic Preservation Board are in
accordance with the current LDC regulations governing; historic site /district designations.
(2) The designation of historic sites is compatible with several Future Land Use Element goals
and objectives contained in the Comprehensive Plan:
• Objective 1.2 Preserve historic resources by periencing no demolition or
reconfiguration of specified resources .........99
(3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a
designated 'historic building will require special approval in the form of a "certificate of
appropriateness" (COA). This approval requires a review by the Historic Preservation Board
and final approval by the City' Commission. The Designation Report contains a section (p.7,
8) entitled Design Review Guidelines which establishes architectural guidelines for the
review of future certificates of appropriateness.
. ,3,: rrm.,r-
LDC HP -OV Rezoning
6133 SW 63 Terr.
March 7, 2006
(3)
(4) The proposed designation will not require changes to any of the RS -4 zoning district
dimensional standards or permitted uses currently applicable to the area.
HISTORIC PRESERVATION BOARD ACTION
The Historic Preservation Board at its <January 30 2006 meeting reviewed the 'Designation
Report, conducted a public hearing, ' and adopted a motion by a vote of 5 ayes 0 nay
recommending that the historic designation be approved.
PLANNING BOARD ACTION
The Planning Board at its February 16, 2006 meeting, after a public hearing,' adopted a motion
by a vote of 5 ayes 0 nay recommending that the historic designation be approved.
RECOMMENDATION:
It is recommended that the historic designation and the placement of an "HP -OV" district over
the existing zoning district for the building at 6133 SW 63 Terrace be approved on first reading.
Attachments:
Draft Ordinance
Designation Report
Minutes- Historic' Preservation Board 1 -30 -06
MD/DOD /SAr,�
\\MCGRUFF\PL1\��T1G \Comm Items\2006\3- 7- 06\PB -06 -006 6133 SW 63 HP -OV Report.doc
I
l ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
6 DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL
7 BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC SITE AND
8 BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (IIP
9 OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, Application No. PB -06 -007 was submitted to the Planning Department by the Historic
14 Preservation Board , said application requesting to amend the official zoning map of the City of South
15 Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified
16 as 6500 SW 60 Avenue; said property legally described as Section 25- 54 - 40.26AC Middle line of the
17 East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one - quarter of the
18 southeast one - quarter less the east 15 feet, as recorded in the Public Records of Miami -Dade County,
19 Florida. ; and
20
21 WHEREAS, the Historic Preservation Board at its January 30, 2006 meeting reviewed the
22 Designation Report for 6500 SW 60th Avenue and _recommended that the proposed site be designated
23 historic; and
24
25 WHEREAS the proposed historic designation and rezoning is consistent with the goals and
P P � g g
26 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and
27
28 WHEREAS, on February 16, 2006, after public hearing regarding the application of the HP -OV
29 zoning to 6500 SW 60 Avenue, the Planning Board recommended approval by a vote of 5 aye and 0
30 j nays; and
31
32 WHEREAS, the City Commission desires to accept the recommendations of the Historic
33 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
I
36 OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic
39 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 11 Ii 40 property 3identified as 6500 SW 60 Avenue; said property Y legally `described as Section 25- 54 40.26AC
41 Middle line of the East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one-
:.
42 "quarter of the southeast one- quarter less the east 15 feet, as recorded in the Public Records of Miami-
43 Dade County, Florida.
44
4� Section 2 That the Designation Re po, rt for the building at 6500 SW 60 Avenue as prepared by
46 the .South Miami Planning Department anuary, 2 006))_. i identified as Attachment. A "
and is attached to
47 and'imade part of this ordinance.
I
48 '
49 Section 3'The Design Review; Guidelines set forth in the Designation Report for the building at
50 6500 SW 60 Avenue and the provisions contained m the Land Development mm
p p t Code pertaining to review of
51 buildin g P ermits certificates of appropriateness, and demolition are a pp licable to the property Y at 6500
52
SW 60 Avenue.
: - - T— i`.'Tnl Pr"�r^i :r+m raFmemr, .,,,�,•r., .,..,.,, M . r a ? i ,? ,° ,�„ - a,- rte^,. -,.^ °;,. mM- ..; -+ -rs, - k
rn-
2
1
2
3
4
(2)
5
6
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason, held
7
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
8
the remaining portions of this ordinance.
9:
10
Section 5 All ordinances or parts of ordinances in
conflict with the provisions of this ordinance
11
are hereby repealed.
12
13
Section 6. This ordinance shall be effective immediately after the adoption hereof
14
15
16
17
PASSED AND ADOPTED this day of
` ; 2006
18 `
19
20
21
ATTEST:
APPROVED:
22
23
24
25
CITY CLERK
MAYOR
26
27
1st Reading-
28
2nd Reading -
29
COMMISSION VOTE:
30
READ AND APPROVED AS TO FORM:
Mayor Feliu:
31
Vice Mayor Wiscombe
32
Commissioner Palmer:
33
Commissioner: Birts:
34
Commissioner Beckman:
35
CITY ATTORNEY
36
37
38
39
40
41
Attachments
42
Attachment "A»
430
( Designation Report for 6500 SW 60 Avenue)
44
45
46
47
48
49
50
51
\\MCGRUFF\ PLANNING \Comm Items\2006\3- 7- 06\PB -06 -007
6500 SW 60 . HP -OV Ord..doc
THE RESIDENCE AT Attachment "A"
City of South Miami
Historic Site Designation - 6133 SW 63rd Terrace
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TABLE OF CONTENTS
General Information .................. ..............................4
,
Statement of Significance ........... ..............................5
Contextual History .................... ..............................5
Architectural Distinction .............. ..............................J
Eligibility Criteria ......................... .......................::.....8
Design Review Guidelines ........... ..............................8
Bibliography..... ........................ ............................10`
Photographs.........................................................
11
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 2
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GENERAL INFORMATION
Historic Names:
6133 SW 59th Terrace
Current Name:
6133 SW 631d Terrace
Location:
Located approximately mid -block between SW 62nd Avenue on the west
and SW 60th Court on the east.
Present Owner:
Lee H. and Ora Lee Jones
14281 Polk Street
Miami, Florida 33176
Present User
Single Family Residence
Zoning_ District:
Residential—Single-Family
Tax Folio Number
09- 4025- 009 -0130
Boundary Description
Lots 7 and 8, Block 2, Pines Subdivision, as recorded in Plat Book` 18, Page 2
of the Public Records of Miami -Dade County, Florida
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 3
'77 ,r,"=— na,.,,: ',rn fib"_ „ —
II. SIGNIFICANCE
Specific Dates: 1934
Architect: Unknown
Builder/
Contractor: Unknown
Statement of Significance
Historically, the Pines Subdivision was home to African - Americans who were
prohibited from living in areas strictly reserved for whites. The Pines Subdivision
Plat was filed in 1925 by South Miami pioneers John and Mary Opsahl in 1925,
and consisted of lots with a twenty -five foot frontage, half of that normally
expected in white sub - divisions.
In one of the few remaining houses built during the earliest development of the
Pines Subdivision, the residence at 6133 SW 63rd Terrace is a remarkable survivor,
evidencing the'type of material and construction methods that were once
prevalent across the region.
Contextual History:
During the late 1880s, South Miami was little more than a pioneer enclave of
settlers who established' homesteads in the area. When Henry ', Flagler's Florida
East Coast Railway built' an extension from Miami to Homestead in 1904, with
South Miami (then known as The Town of Larkins) as a stop along the way, the
communitY was poised for its development.
By 1917 the population of the town had reached approximately 350. By July
1,918 nine plats had been filed, four of them east of the railroad and five of them
to the west. Much of the land remained in agricultural use.
In March 1926, sixty -nine qualified voters within the proposed corporate limits met
to change the name of their town from Larkins to the City of South Miami. At
that time the boundaries, which covered approximately six square miles, were:
Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and
Miller Road on the north, and SW 104th Street and North Kendall Drive on the
South.
At that time, ;South Miami's immediate neighbor to the east was Coral Gables.
The first lots in Coral Gables were sold in 1921, and under the leadership of
George E. Merrick, continued to expand as more and more land could be
acquired. Eventually, even the Larkin's Homestead, Located in the vicinity of the
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63^d Terrace
Page 4
Iwrw
current Cocoplum (Cartagena) Circle, was sold to Coral Gables, and the
development of South Miami moved west.
During the 1920s all of South Florida was caught up in the frenetic activity of the
Florida 'Land Boom. South Miami was no exception. During these flamboyant
times there were several buildings of consequence constructed in South Miami
including the Methodist Church and the Riviera Theater (demolished.)
Residential subdivisions were platted as thousands purchased homes in the area.
The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that
includes modestly scaled homes designed in an English Tudor or Mediterranean
Revival style, was built in 1927. By 1927, the real estate boom had abruptly
ended, and the state of Florida entered into an economic 'depression even
before the rest of the nation, when the Stock Market collapsed in 1929.
In 1933 the City's population increased to 1,500` residents, but the corporate limits
of the city were reduced to an area of approximately four square miles. In the
book "Florida: !A Guide to the Southernmost State" produced by The Federal
Writer's Project' under Roosevelt's New Deal and published in 1939, South Miami
was described in this way:
SOUTH MIAMI, 9 miles (1,160 population), originally named Larkins for an
early storekeeper, was given its present name the day after his death.
Several plants here pack tomatoes, truck crops, and citrus for shipment to
market. South of the town are abandoned limestone quarries filled with
clear water and used as swimming pools.
In 1926 the South Miami City Council set aside area west of the railroad tracks
exclusively for Black residents.. As were most African - American enclaves, the
neighborhood was self- contained with its own grocery and churches.
The perception of South _Miami as a' principally` agricultural area would change
dramatically when America began to gear up for its entry into World War 11.
South Florida became an enormous training camp for the soldiers who would be
called to battle. By the time the war ended in 1945, the nation once again ;
experienced economic prosperity, and South Florida was besieged by hundreds
of returning servicemen who made this their permanent home.
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 5
III. ARCHITECTURAL DISTINCTION
The home is a simple one story - building, vernacular in its origins indicating
handed -down building traditions of a purely functional nature, rather than an
architect designed home, with a particular stylistic pedigree.
The home demonstrates the time - honored tradition of building with the
indigenous limestone rock that makes up the substrate in sub - tropical Florida.
The rock was plentiful in the region, and besides the building of homes, was used
as crushed rock to pave roadways. The rock is sometimes referred to as "oolitic"
limestone (named for the tiny organisms called "oolites" that are the petrified
substance of the rock), and is more commonly known as "coral" rock;
In cities close to South Miami, for example in Coral Gables, Miami Shores, and
Miami, there are more significant numbers of rock houses. In Coral Gables, many
of the homes along Coral Way built during the teens were coral rock.
Bahamians began migrating to South Florida in substantial numbers during the
late 19th century and settled in areas exclusively set aside for "non- whites" in
Coconut Grove, and the MacFarlane Homestead Subdivision in what became
the City of Coral Gables. By ` 1900, the population of the Greater Miami area
increased along with the progress of Flagler's Florida East Coast Railway.
The climate and fertile soil were so attractive that many farmers, particularly from
Georgia, South Carolina and North and Central Florida' moved to ` the South
Florida area. By 1900 several black settlements developed including Larkins
(South Miami) Homestead, Perrine and Florida City. In addition to farming, many
of these African - American pioneers worked as laborers during the real estate
boom of the 1920s, and their skill with working the indigenous stone proved a
boon to the developers of the new towns.
The residence at 6133 SW 63rd Terrace is a simple rectangle in plan and possesses
a 'shallow gable roof covered with asphalt shingles. The roof extends over the
walls to form eaves that are embellished with outrigger beams. The windows are
a metal awning type, and most likely replacement windows.
The stone used for its construction is a random coursed limestone block with
extruded grouting. The single entrance door, placed in the center of the main
elevation, is recessed evidencing the substantial width of the coral rock used to
build the home.
Despite its modest proportions (807 square feet) and design, the home is
particularly distinctive because of the entrance feature located directly on the
side walk. A free - standing arch constructed of the same coral rock as the home,
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 6
71,
extends from its wider supporting base to terminate in a round arch the frames
the entryway. Presently, a metal non - original gate controls access to the front
door.
While a search of city directories has failed to produce the name and
occupation of the original resident, this elaborate entry feature is a clue to the
first residents' or builders' skills as a mason. For this area of South Miami, the
home at 6133 SW 63rd Terrace is evidence of a thriving and dynamic community
during the 1930s.
Alterations
At some time in the past, the windows of this home were infilled with meta(
awning windows. ' The extension at the rear (west) appears to be a part of the
original building, as the outrigger beams are carries beneath the eaves.
Eligibility for Designation
The proposed designation of the residence at 6133 SW 63rd Terrace, meets the
following criterion contained in the South Miami Land Development Code,
Section, 20.4.9 "Historic Preservation Standards:"
(a) Districts, sites, structures and objects of national, state and local
importance are of historic significance if they possess integrity of
location, design, setting, materials, workmanship, feeling and
association and:
(d) Embodies the distinctive characteristics of a type period, method
of construction or work of a master; or that possess high artistic
value, or that represent a distinguishable entity whose components
may lack individual distinction
Therefore, the residence at 6133 SW 63rd Terrace is recommended for local
historic designation
Design Review Guidelines
In accordance with the procedures set forth in Section 20.5.19 of the City's Land
Development Code, any building permit for exterior alteration, renovation or
demolition of an existing structure which is designated historic, or is within a
designated historic district shall first require the issuance of a Certificate of
Appropriateness (COA.) The COA' is issued after a review' by the Historic'
Preservation Board and City Commission.
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 7
�...., ,..,.W. : ... =r. .:
The Historic Preservation Board shall adopt and may, from time to time, amend
the standards by which applications for a Certificate of Appropriateness may be
evaluated. In adopting these guidelines, it shall be the intent of the Board to
promote maintenance, restoration, adaptive uses appropriate to the property,'
and compatible contemporary designs that are harmonious with the exterior
architectural and landscape features of neighboring ` buildings, sites, and
streetscapes.
In order to assist in the review process for the residence at 6133 SW 63rd Terrace
the following design guidelines should be consulted.
General
The Secretary of the Interior's Standards for Historic Preservation Projects
With Guidelines for Applying the Standards (1979) as may be amended.
Specific:
• One story height
• Shallow gable roof with overhanging eaves embellished with
outrigger beams
• Random coursed coral rock with extruded grout as the principle
building material
• Centrally placed, single -leaf entrance, recessed within the
framework of the coral' rock, south elevation
• Centrally placed, rectangular attic vent on the south elevation
• Random coursed, coral rock, round arched entrance feature on
the south elevation.
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 8
i
BIBLIOGRAPHY
Dunn, Marvin. Black Miami in the Twentieth Century (Gainesville: University of
Florida Press) 1997.
Federal Writer's Project of the Works Progress Administration for the State of
Florida. Florida, A Guide to the Southernmost State (New York: Oxford
University Press) 1939
Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade
House) 1949.
Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning
Department
Redding, Susan Perry. "South Miami" in Miami's_ Historic Neighborhoods
(Miami :Dade Heritage Trust) 2001 pp. 109 -11
Taylor, Jean. The Villages of South Dade (St. Petersburg: Byron Kennedy and
Company)
Tevis, Paul U. History of South Miami, manuscript n.d. (1971 ?)
City of South Miami
Historic Designation Report for
The Residence at 6133 SW 63rd Terrace
Page 9
I
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• INCORPORATED
1927 .
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CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
MoNDAY, JANUARY 30, 2006
City Commission Chambers
3:30 PM
EXCERPT
I. Call to order
Action: Ms. Clyatt, Vice -Chair called the meeting to order at 3:43 p.m.
II. Roll call
Roll call was performed. Board members present constituting a quorum:
Ms:. Clyatt, Ms. Chael, Mr. Cooke - Yarborough,; Ms. Dison and Mr. Kurtzman.
Board members absent: Ms. Redding.
City staff present: Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board
Secretary).
City Staff absent: Don O'Donniley (Planning Director).
VI. Public Hearing on Designations
(a) HPB -06 -002: 6133 SW 63 Terrace - Coral Rock Structure
• Review of Historic Site Designation Report
I'
The Board and staff addressed the designation report prepared by Ellen Uguccioni, who is the
City's cultural resource consultant. Ms. Uguccioni stated that the coral rock house built in 1934,
is aii simple, one story building, vernacular in design. Furthermore, she explained that the home
demonstrates the time - honored tradition of building with the indigenous limestone rock that
makes up ` the substrata in sub - tropical Florida. Ms. Uguccioni noted that the house is eligible for
designation because it meets the criterion contained in the South Miami Land Development
Code, Section 20.4.9 entitled "Historic Preservation Standards".
• Public comments
Mr. Kurtzman 'inquired if the owner of the residence, Rev. Lee Jones was in support of the
designation. Rev. Jones who was in attendance agreed with the historic designation ` of his
property,
HPB Minutes
January 30, 2006
Page 2 of 2
• Designation of 6133 SW 63 Terrace
Motion: Ms. Dison moved to approve the historic designation of the property based upon
research by the City's historic consultant. Mr. Cooke - Yarborough seconded the motion.
Vote: Approved 5 Opposed 0
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• INCORPORATES:'• ®...
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19 7 2001
O R!L
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor,, Vice Mayor & Date: March 7, 2006
Commission Members
ITEM No.
From: Yvonne S. McKinle RE: LDC Map Amendment -HP -OV
Acting City Manag 6500 SW 60th Avenue.
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE `CITY 'OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A
SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN
HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY
ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
SUMMARY
The Land Development Code provides that an historic designation recommendation must be
enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is
super - imposed as an overlay over the existing underlying use zone. The LDC requires the
Planning Board to hold a public hearing on all designations recommended by the Historic
Preservation Board. The final enactment of an historic designation is the adoption of an
ordinance by the City Commission.
The Planning Board at its January 31, 2006 meeting reviewed an historic designation report for
report for a single family residence located at 6500 SW 60 Ave, aka "The Marshall Williamson
Home Following a public hearing the Planning Board adopted a motion recommending that
this building be designated an historic site.
APPLICABLE REGULATIONS
The current LDC provides the following regulations pertaining to the City Commission's role
i1 the historic designation process:
"Section 20- 5.17(E)
(F) City Commission Public Hearing.
(1) Public Hearing Requirement. The City Commission shall hold a public hearing,
pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements
LDC HP -OV Rezoning
Marshall Williamson Home
March 7 2006
(2)
of subsection (2) and as required by the provisions of the City Charter, on each
proposed designation within sixty (60) calendar days of the recommendation by
the Historic Preservation Board and /or the filing of the completed designation
report.
(2) Notice Requirement. At least ten (10) calendar days; prior to the public hearing for
each proposed designation of an individual site, district or zone, the Planning
Director shall mail a copy of the designation report to the owner; at the address
listed on the most recent tax rolls as notification of the intent of the City
Commission to consider designation of the property.
(3) Objections. Upon notification, any owner of a property proposed for individual
designation who wishes to object shall submit to the City Clerk's Office a
notarized statement' certifying the objection to the designation. "
MARSHALL WILLIAMSON HOME
The home located at 6500 SW 60 Avenue is one in a series of proposed designations within the
Community Redevelopment Area resulting from a special survey conducted by members of the
Historic Preservation Board. The designation of the building is based upon its unique
contribution to the history of the of the City of South Miami as the residence of Mr. Marshall
Williamson, an early black pioneer and major land owner in the City.
The designation of an historic site requires that the Historic Preservation Board approve a
Designation Report which sets forth the history of the building and the architectural significance.
Attached to this staff report is the Designation Report which report contains a detailed history
of the building and includes photographs. The attached designation report describes the
significance of the properties (pp.6,7,8). j
STAFF OBSERVATIONS
(1) The designation report and the procedures followed by the Historic Preservation Board are in
accordance with the current LDC regulations governing historic site /district designations.
(2) The designation of historic sites is compatible with several Future Land Use Element goals
and objectives contained in the Comprehensive Plan:
• Objective' 1.2 Preserve historic resources_ -by experiencing no demolition or
reconfiguration of specified resources ...........
(3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a
designated' historic building will require .special approval in the form of a "certificate of
appropriateness" (COA). This approval requires a review by the Historic Preservation Board
and final approval by the City Commission. The Designation Report contains a section (p.9)
entitled Design Review Guidelines which establishes architectural guidelines for the review
of future certificates of appropriateness.
i
LDC HP -OV Rezoning
Marshall Williamson Home
March 7, 2006
(4) The proposed designation will not require changes to any of the RS-4 zoning district
dimensional standards or permitted uses currently applicable to the area.
HISTORIC PRESERVATION BOARD ACTION
The Historic Preservation Board at its 'January 30, 2006 meeting reviewed the Designation
Report, conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay
recommending that the historic designation be approved.
PLANNING BOARD ACTION
The Planning Board at its February 16, 2006 meeting, after a public hearing, adopted a motion
by a vote of 5 ayes 0 nay recommending that the historic designation be'.approved.
RECOMMENDATION:
It is recommended that the historic designation and the placement of an "HP -OV district over
the existing zoning district for the building at 6500 SW 60th Avenue be approved on first
reading.
Attachments:
Draft Ordinance`
Designation Report
Minutes- Historic Preservation Board 1 -30 -06
YSM/DOD/ AY ;040
\\MCGRUFF\PLANNINGG ", m Items\2006 \3- 7- 06\PB -06 -007 6500 SW 60 HP -OV Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
6 DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL
7 BUILDING LOCATED AT 6500 SW 60th AVENUE AS AN HISTORIC SITE AND
8 BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (1HP-
9 OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
10 PROVIDING FOR SEVERABH,ITY; PROVIDING FOR ORDINANCES IN
11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS,' Application No. PB -06 -007 was submitted to the Planning Department by the Historic
14 Preservation Board , said application requesting to amend the official zoning map of the City of South
15 Miami by overlaying an "HP-OW Historic Preservation Overlay zoning district for property identified'
16 as 6500 SW 60 Avenue; said property legally described as Section 25- 54 - 40.26AC Middle line of the
17, East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one- quarter of the
18 southeast one - quarter less the east 15 feet, as recorded in the Public Records of Miami -Dade County,
19 Florida. ; and
20
21 WHEREAS, the Historic Preservation Board at its January 30 2006 meeting reviewed' the
22
Designation Report for 6500 SW 60th Avenue and recommended that the proposed site be designated
23 historic; and
24
25:1 WHEREAS, the proposed historic designation and rezoning is "consistent with the goals and
26 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and
27
28P WHEREAS, on February 16, 2006, after public hearing regarding the application of the HP -OV
29 zoning to 6500 SW 60 Avenue, the Planning Board recommended approval by a vote of 5 aye and 0
30 nays; and
31
32 WHEREAS, the , City Commission desires to accept the recommendations of the Historic
33 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
36 OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
3, 8 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic
39 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for
40,' property identified as 6500 SW 60 Avenue; said property legally described as Section 25- 54 - 40.26AC
141 (Middle line of the East 137.10 feet of the north 93.1 feet of the south 327.96 feet of the northwest one -
42 quarter of tfie southeast one - quarter less the east 15 feet, as recorded in the Public Records of Miami -
43 Dade County, Florida.
44
'45 Section "2 . That the Designation Report for the building at 6500 SW 60 Avenue as prepared by
46 the South Miami Planning Department (January, 2006)) is identified as Attachment "A" and is attached to
47 and made part of this ordinance.
48
49 Section ,'3 The Design Review Guidelines set forth in the Designation Report for the building at
50 6500 SW 60 Avenue and the provisions contained in the Land Development Code pertaining to review of
51
building permits, certificates of appropriateness, and demolition are applicable to the property at 6500
52
$w:; X60 Avenue.
2
1
2
3'
4 (2)
5
6 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
7 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
8 the remaining portions of this ordinance.
9
10 _ Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
11 are hereby repealed.
12
13 Section 6. This ordinance shall be effective immediately after the adoption hereof.
14
15
16
17 PASSED AND ADOPTED this day of , 2006
18
19 `
20
21 ATTEST: APPROVED`.
22
23
24
25 CITY CLERK MAYOR
26
27 1st Reading —
28 2nd Reading —
29 COMMISSION VOTE:
30 READ AND APPROVED AS TO FORM: Mayor Feliu:
i
31 Vice Mayor Wiscombe
32 Commissioner Palmer:
33 Commissioner: Birts:
34 Commissioner Beckman:
35 CITY ATTORNEY
36
37
38
39
40
41 Attachments
42 Attachment «A„
43 ( Designation Report for 6500 SW 60 Avenue)
44
45
46
47
48
49
50
51 \\MCGRUFF\ PLANNING \Comm Items \2006\3- 7- 06\PB -06 -007 6500 SW 60 11P-0V Ord..doc
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City of South Miami
Historic Site Designation - Marshall Williamson Home
6500 SW 60th Avenue
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TABLE OF CONTENTS
General Information........... ..............................4
Statement of Significance .......... ....................:.........5
Contextual History ......:............... ...............:...........:..5
Biography ... .....................
...... ..............................6
Architectural Distinction ........` .............. ................8
Eligibility Criteria a...... ......' ......... ..............................8
Design Review Guidelines ......... ..............................9
Bibliography ......................... ............................... 10
Photographs.....: ...... ........... ............................... l
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 60th Avenue
Page 3
I. GENERAL INFORMATION
Historic Names:
The Marshall Williamson Residence
Current Name:
6500 SW 60th Avenue
Location:
The residence faces east, and is located at the northern end of the block
bounded on the north by SW 64th Terrace, on the south by SW 66th Street,
on the west by SW 61 st Court, and on the east by SW 60th Avenue.
Present Owner:
Janice P. Dantzler
6500 SW 60th Avenue
South Miami, Florida 33143
Present Use:
Single Family Residence
Zoning District:
Residential—Single-Family
Tax Folio Number
09 -4025- 000 -0854
Boundary Description
'Section 25- 54 - 40.26AC Middle line of the East 137.1`0 feet of the north 93.1
feet of the south 327.96 feet of the northwest one- quarter of the southeast
one- quarter less the east 15 feet, as recorded in the Public Records of
Miami -Dade County, Florida.
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 60th Avenue
Page 4
II. SIGNIFICANCE'
Specific Dates: , 1935
Architect : Unknown
Builder/
Contractor:' Unknown
Statement of Significance
As elsewhere in the most- southern states in the Union, the State of Florida
remained segregated well into the 196Os, before the federal Civil Rights Act of
1964 prohibited the legal enforcement of separatist policy. Before that local
governments enforced a strict separation of blacks and whites, specifying the
only areas where Negroes could reside. The City of South Miami passed an
ordinal! nce in 1928 that set aside an area, west of the Dixie Highway that was
exclusively for its black residents.
In the Greater Miami area there was a group of African - Americans who excelled
in business' despite the racist attitudes and random attacks so prevalent
especially during the first decades of the 20th century. South Miami's Marshall
Williamson` ranked in that group of men who did so much for their community
along with such Miami notables as D.A. Dorsey, Dr. William A. Chapman, and
E.W.F. Stirrup who were Williamson's contemporaries.
Marshall Williamson, nicknamed the "Little Mayor of South Miami ", arrived in
Larkins (South Miami) Florida in 1912, and was the first black man to buy land
here. During his lifetime, Williamson was a powerful advocate for South Miami's
African- American citizens that he 'sought to serve. His philanthropy extended to
all corners of the community,' as he donated the land for the J.R.E. Lee School on
SW 62nd Avenue and the land for the St. James A.M.E. Church.
Contextual History:
During the late 1880s, South` Miami was little more than a pioneer enclave' of
settlers who established homesteads in the area. When Henry Flagler's Florida
East ,Coast Railway built an extension from Miami to Homestead in 1904, with
South'i 'Miami (then known as The Town of Larkins) as a stop along the way, the
community was poised for its development.
By 1917 the population of the town had reached, approximately 350. By July
119181 nine plats had been filed, four of them east of the railroad and five of them
to trie
west. Much of the land remained in agricultural use. Farmers from
Alabama, and South Carolina along with many in north and central Florida
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON`RESIDENCE'
6500 SW 601h Avenue
Page 5
followed the railroad south, escaping from the threat of frost that could easily
destroy their crops. African - Americans followed these farmers south, and black
enclaves grew up in Larkins (South Miami), Goulds and Perrine.
During the 1920s all of South Florida was caught up in the frenetic activity of the
Florida Land Boom. South Miami was no exception. During these flamboyant
times there` were several buildings of consequence constructed in South Miami
including the Methodist Church and the Riviera Theater (demolished.)
Residential subdivisions were platted as thousands purchased homes in the area.
In March 1926, sixty -nine qualified voters within the proposed corporate limits met
to change the name of their town from Larkins to the City of South Miami. At
that time the boundaries, which covered approximately six square miles, were:
Red Road on the east; Ludlum and Palmetto' Road on the west; Bird Road and
Miller Road on the north, and SW 104th Street and North Kendall Drive on the
south.
In 1933 the City's population increased to 1,500 residents, but the corporate limits
of the city were reduced to an area of approximately four square miles." In the
book "Florida: A Guide to the Southernmost State" produced by The Federal
Writer's Project under Roosevelt's New Deal and published in 1939, South Miami
was described in this way:
SOUTH MIAMI, 9 miles ;(1,160 population), originally named Larkins for an
early storekeeper, was given its present name the day after his death.
Several plants here pack tomatoes, truck crops, and citrus for shipment to
II
market. South of the town are abandoned limestone quarries filled with
clear water and used as swimming pools.
III. A BIOGRAPHY OF MARSHALL WILLIAMSON (1890 -1972)
Marshall Williamson was born on January 31, 1890 in Madison, Florida. Williamson
was one of the fortunate few who attended college in those days, and
graduated from Georgia State College where he learned carpentry. In 1912
Williamson made' his Iway to South Miami (then called Larkins) where he
purchased land. At one time he owned the land between SW 64th and SW66th
Streets and from SW 62nd to SW 65th Avenue.
Williamson was an activist and an advocate for the rights of South Miami's
African - American citizens. Encouraging blacks to vote, Williamson was often at
the South Miami City Hall where he pursued Black interests, and when problems
arose in the neighborhood, it was Williamson who sought to mediate the issues
With: meetings held in his home at 6500 SW 60th Avenue' which he built in 1935.
City of South Miami
`Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 60th Avenue
Page 6
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Because he was fairly short in stature (5'4 ") Williamson earned the affectionate
nickname of "Little Mayor,
In January ,1928, the South Miami City Council enacted Ordinance, Number 40,
which was entitled "An Ordinance Providing for the Segregation of the White'
and Colored Citizens of the City of South Miami, Florida." The ordinance set out
an area in Section 25 -54 -40 where only Blacks could live. The ordinance did
include one exception,
... however, that nothing herein shall operate or be construed to prevent
the occupancy of negroes,;or people of negro blood, of servants quarters
maintained in connection with, or on the premises of white persons, when
such persons of color, shall be actually employed as servants by the white
person, or persons, on whose premises such servants' quarters are
maintained.
When iireading this today, it seems inconceivable that such policies could be the
law of the land. However, in the not too distant past, opportunities for the
average African - American were few and for between. A review of the 1927
South Miami City Directory provides a glimpse into the chief wage- earning jobs
available to black citizens.
In the South Miami City Directory, after each listing published, a "c" in
parenthesis was added to identify the person as an African - American. The one
most common occupation for a man was as :a "laborer" and the most common
occupation for a woman was as a "domestic." < Other occupations included:
chauffeur, carpenter, driller, farmer, cook, grocer, and porter.
The 1927 directory lists a Marshall Williamson (c), and his wife as "Elnora" His
occupation is listed as "laborer "; In light of the social status and lack of
opportunities that were available to African - Americans during Marshall
Willi most active period, his achievements are deemed even more
amazing.
W
;illiamsons' skills as a carpenter allowed him to earn a decent wage. Although
he may have had other sources of income, it appears that it was his real estate
savvy, purchasing land and building houses' that earned his relative wealth.
Williamson built many of the houses in the four square blocks he owned in Lee
Park within the African American community.
Mr. Williamson used some of his income and land holdings to improve the lives of
his neighbors. In 1916 he donated the land for St. John's A.M.E. Church at 6461
SW 58th Place. The black neighborhood around it became, known as "Madison
Square" named for Mr. Williamson's hometown. He also donated the land to
build the J.R.E. Lee School on SW 62nd Avenue.
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 60th Avenue
Page 7
I
His own home was built in the segregated section designated by the City of
South Miami's leaders in 1928. Built in 1935, the home is quite modest, a one story
with four bedrooms and an open carport off to one side. Mr. Williamson and his
wife Elnora had eight children, although sadly the majority of his children
preceded him in death.
The subdivision immediately south of Williamson's home is named the "Marshall
Williamson Subdivision," and contains five houses that were built by Habitat for
Humanity in 2004. No doubt, Mr. Williamson would have been proud of his
continuing legacy.
The City of South Miami has honored the memory of Marshall Williamson first by
proclaiming "Marshall Williamson Day" in 1969, and then in 1975 the City named
a park for him.
IV. ARCHITECTURAL DISTINCTION
Mr. Williamson's own residence is of a type that was quite common in mid -1930s
residential construction. Following the Depression of the 1930s, housing tended
to reflect traditional forms, but lacked the decorative detail that is associated
with residential types that possess a particular style.
In ani attempt to classify building types across the nation, Virginia and Lee
McAlester, published "A Field Guide to American Houses in 1996. Their
classification of this type of home is called "Minimal Traditional."
Mr. Williamson's home is one -story, rectangular in plan, and features a shallow-
hipped roof covered with shingles. A carport occupies the northernmost one -
third of the home, emphasizing the increasing role that automobiles played' in
daily life. At sometime in the past a "permastone" cladding was placed over
the original wall surfaces. "Permastone" is a trade name which has come to he
used generically to describe all varieties of synthetic materials designed to
resemble stone. The materials are precast cementitious "stones" of panels of
"stone'' ottached as a veneer over existing masonry.
Eligibility for Designation
The proposed designation of the residence at 6500 SW 60th Avenue, meets the
following, criterion contained in the South Miami Land Development Code,
Section, 20.4.9 "Historic' Preservation Standards:"
(a) Districts, sites, structures and objects of national, state and local
importance are of historic significance` if they possess integrity of
location, design, setting, materials, workmanship, feeling and
association and:
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 60h Avenue
Page 8
(c) Are associated with persons significant in our past.
Therefore, the Marshall Williamson residence at 6500 SW 60th Avenue is
recommended for local historic designation.
Design Review Guidelines
In accordance with the procedures set forth in Section 20.5.19 of the City's Land
Development Code, any building permit for exterior alteration, renovation or
demolition of an existing structure which is designated historic, or is within a
designated historic district shall first require the issuance of a Certificate of
Appropriateness '(COA.) The COA is issued after a review by the Historic
Preservation Board and City Commission.
The Historic Preservation Board shall adopt and may, from time to time, amend
the standards by which applications for a Certificate of Appropriateness may be
evaluated. In adopting these guidelines, it shall be the intent of the Board to
promote maintenance, restoration, adaptive uses appropriate to the property,
and compatible contemporary designs that are harmonious with the exterior
architectural and landscape features of neighboring buildings, sites, and
streetscapes.
In order to assist in the review process for the residence at 6500 SW 60th Avenue
the following design guidelines should be consulted.
General
The Secretary of the Interior's Standards for Historic Preservation Projects
With Guidelines for Applying the Standards (1979) as may be amended.
Specific:
• One -story height
• Shallow hipped roof covered in asphalt shingles
• Carport, north end of east elevation
City of South Miami
Historic` Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 601h Avenue
Page 9
BIBLIOGRAPHY
Dunn, Marvin. Black Miami in the Twentieth Century. (Gainesville: University Press
of Florida) 1997
Federal Writer's Project of the Works Progress Administration for the State of
Florida. Florida, A Guide to the Southernmost State (New York: Oxford
University Press) 1939
"History around Us" The Miami Herald Neighbors Southeast Edition. August 9,
1987, p. 3
"Little Mayor" stood tall as South Miami Leader" The Miami Herald Neighbors,
Kendall Edition, January 12, 1989
McAlester, Virginia and Lee. A Field Guide to American Houses. ( New York:
Alfred A. Knopf) 1996
Protco, Rhoda Ogen and the South Miami Chamber of Commerce. In and
Around South Miami" South Miami, 1976'
"Tracing South Dade's Black Legacy" The Miami Herald Neighbors, Southwest
Edition, February 19, 1984,
Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods
(Miami :Dade Heritage Trust) 2001 pp. 109 -11
Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?)
City of South Miami
Historic Designation Report for
THE MARSHALL WILLIAMSON RESIDENCE
6500 SW 601h Avenue
Page 10
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• INCORPORATES
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CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
MoNDAY, JANUARY 30, 2006
City Commission Chambers
3:30 PM
I. Call to order
Action: Ms. Clyatt, Vice -Chair called the meeting to order at 3:43 p.m.
IL Roll call
Roll call was performed. Board members present constituting a quorum:
Ms. Clyatt, Ms.- Chael, Mr. Cooke - Yarborough, Ms. Dison and Mr. Kurtzman.
Board members absent: Ms. Redding.
City staff present: Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board
Secretary).
City Staff absent: Don O'Donniley (Planning Director).
Vt. Public Hearing on Designations
(b) HPB -06 -001: 6500 SW 60 Avenue Marshall Williams Residence
• Review of Historic Site Designation Report
The Board, staff, and Ms. Uguccioni discussed the designation report. Ms. Uguccioni provided
some background on Marshall Williamson. She stated that Marshall Williamson, nicknamed the
'Little Mayor of South Miami', arrived in Larkins (South Miami Florida in 1912, and was the
first black man to buy land here. During his lifetime, Williamson was a powerful advocate for
South Miami's African American citizens that he sought to serve. His philanthropy extended to
all corners of the community, as he donated the land for the J`.R.E Lee School on SW 62"a
Avenue and the land for the St. James A.M.E Church.
Ms. Uguccioni described Mr. Williamson's home as a one - story, rectangular in plan, and features
a shallow- hipped roof covered with shingles. A carport occupies the northernmost; one third of
the house. At sometime in the past a "permastone" cladding was placed over the original wall
surfaces. Permastone' is a trade name which has come to be used, generically to describe all
varieties of synthetic materials designed to resemble stone. Ms. Uguccioni indicated the proposed
HPB Minutes
January 30, 2006
Page 2 oft
designation of the Marshall Williamson Residence meets the criterion contained in the South'
Miami Land Development Code, Section 20.4.9 entitled "Historic Preservation Standards ".
• Public Comments
Ms Janice Dantzler daughter of Marshall Williams wanted to clarify that the house sits on a'
portion of the land and that only that section of land with the house would be designated.
• Designation of 6500 SW 60 Avenue
Motion:Mr. Kurtzman moved to approve the designation report. Ms. Chael seconded the motion.
Vote: Approved 5 Opposed 0
Motion: Mr. Cooke- Yarborough moved to have a special historic recognition plaque for Mr.
Marshall Williamson and look into having a ceremony in conjunction with Dade Heritage Days.
Mr. Kurtzman seconded the motion.
Vote: Approved 5 Opposed 0
S O U T& South Miami
�.. INCORPORATES...
I� 1927 2001,
t0R "it
i3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor & Date: March 7, 2006
Commission Members
ITEM No. /Soo*
From: Yvonne S. McKinle RE: LDC Map Amendment -HP -OV
Acting City Manag Shelley Building, 5837 Sunset Dr.
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A'
COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY
The Land Development Code provides that an historic designation recommendation must be
enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is
super - imposed as an overlay over the existing underlying use zone. The LDC requires the
Planning Board to hold a public hearing on all designations recommended by the Historic
Preservation Board. The ; final enactment of an historic designation is the adoption of an
ordinance by the City Commission.
The Planning: Board at its January 31, 2006 meeting reviewed an historic designation report for
a commercial building, aka "Shelley Building ", located at 5837 Sunset Drive. Following a
public hearing the Planning Board adopted a motion recommending that this building be
designated an historic site.
APPLICABLE REGULATIONS
The current LDC provides the following regulations pertaining to the City Commission's role
in the historic designation process:
"Section 20- 5.17(E)
(F) City Commission Public Hearing.
(1) Public Hearing Requirement. The City Commission shall hold ,a public hearing,
pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements
LDC HP -OV Rezoning
Shelley Building
March 7, 2006
(2)
of subsection (2) and as required by the provisions of the City Charter,, on each
proposed designation within sixty (60) calendar days of the recommendation by
the Historic Preservation Board and/or the filing of the completed designation
report.'
(2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for
each proposed designation of an individual site, district or zone, the Planning
Director shall mail a copy of the designation report to the owner at the address
listed on the most recent tax rolls as notification of the intent of the City
Commission to consider designation of the property."
(3) - Objections. Upon notification, any owner of a property proposed for individual
designation who wishes to object shall submit to the City Clerk's Office a
notarized statement certifying the objection to the designation.
SHELLEY BUILDING
The designation of an historic site requires that the Historic Preservation Board approve a
Designation Report which sets forth the history of the building and the architectural
significance. Attached to this staff report is the Designation Report which contains a detailed
history of the building and includes photographs. The designation of the building is, based 'upon
"its unique architectural style and its association with the history and the development of the City
of South Miami. The attached designation report describes the significance of the properties
(Pp•6,7,g)
STAFF OBSERVATIONS
(1) The designation report and the procedures followed by the Historic Preservation Board are in
accordance with the current LDC regulations governing historic site /district designations.
(2) The Shelley Building is one of six buildings identified as a "contributing building" in the
Hometown District Plan and Overlay District. It is also the second historic designation of
contributing buildings located in the Hometown District.
(3) The designation of historic sites is compatible with several Future Land Use Element goals
and objectives contained in the Comprehensive Plan:
Objective 1.2 Preserve historic resources by gxperiencing ; no demolition or
reconfiguration of specified resources .........
(4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a
designated historic building will require special approval in the form of a "certificate of
appropriateness" (COA). This approval requires a review by the Historic Preservation Board
and final approval by the City Commission. The Designation Report contains a section (p.9)
entitled Design Review Guidelines which establishes architectural guidelines for the review
of future certificates of appropriateness.
(5) The proposed designation will not require changes to any of the dimensional standards or
. . .,. ° „- .,p�- r..: -r =m ,r „r. : � -fin•,. .,�� —,. ;r;c^-;'^S`^T.. .`�P�+P -r.„ ... „.F- ''�i''�'.'�„?. �FFa":'�r'S`�`fa -s+'�. .�w-i ,�,—�'..' _ ,,'a-- `.�a-r^.;. .—a;^
LDC HP -OV Rezoning
Shelley Building
March 7, 2006
(3)
permitted uses currently applicable to the area's SR (HD -OV) Specialty Retail, Hometown
District Overlay) zoning district.
HISTORIC PRESERVATION BOARD ACTION
The Historic Preservation Board at its May 23 2005 meeting reviewed the Designation Report,
conducted a public hearing, and adopted a motion by a vote of 4 ayes 1 nay (Ms. Chael)
recommending that the historic designation be approved.
PLANNING BOARD ACTION
The Planning Board at its January 31, 2006 meeting, after a public hearing, adopted a motion by
a vote of 6 ayes l nay (Mr. Morton) recommending that the historic designation be approved.
RECOMMENDATION:
It is recommended that the historic designation and the placement of an "HP -OV" district over
the existing zoning district for the building at 5837 Sunset Drive (Shelley Building) be approved
on first reading.
Attachments:
Draft Ordinance
Designation Report
Minutes- Historic Preservation Board 5 -23 -05
Minutes Excerpt - Planning Board Meeting, 1 -31 -06
Letter from Planning Department to property owner on advantages of designation (11- 10 -05)
YSK/DOD /SA
EAComm'Items\2006 \3- 7= 06\PB -05 -022 Shelley Building HP -OV Report.doc -
-
1 ORDINANCE NO
2:
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
5 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A'
6 COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED AT 5837 SUNSET
7 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
8 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS
9 PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
10 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, Application No PB -05 -022 was submitted to the Planning Department by the
14 Historic Preservation Board , said application requesting to amend the official zoning map of. the City of
15 South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property
16 identified as 5837 Sunset Drive.; said property legally described as Lots' 5, 6, and 8, Cooper's
17 Subdivision, as recorded in Plat Book 4 page 152 of the Public Records of Miami -Dade County, Florida;
18 and
19
20 WHEREAS, the Historic Preservation Board at its May 23 2005 meeting reviewed the
21 Designation Report for 5837 Sunset Drive and recommended that the proposed site be designated historic;
22 and
23
24 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and
25 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and
26
27 WHEREAS, on January 31, 2006, after public hearing regarding the application of the HP -OV
28 zoning to 5837 Sunset Drive Avenue, the Planning Board recommended: approval by a vote of 5 aye
29 and 0 nays; and
30
31 WHEREAS, the City Commission desires to accept the recommendations of the Historic
32 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
35 OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic
38 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use :district for
39 properly identified as the Shelley Building located at 5837 Sunset Drive said property legally described as
5
40 Lots' , 6, and 8, Cooper's Subdivision, as recorded in Plat Book 4, page 152 of the Public Records of
41 Miami -Dade County, Florida.
42
43 Section 2 . That the Designation Report for the building at 5837 Sunset Drive as prepared by the
44 South'Miami Planning Department (May, 2005) is identified as Attachment "A" and is attached to and
45 made part of this ordinance.
46
47 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at
48 5837 Sunset Drive and the provisions' contained in the Land Development Code pertaining to review of
49 building permits, certificates of appropriateness, and demolition are applicable to the property at 5837
50 Sunset Drive.'
51'
52
2
1
2
3 (2)
4
5 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
6 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
7 the remaining portions of this ordinance:
8
91i Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
10 are hereby repealed.
11
12 Section 6. This ordinance shall be effective immediately after the adoption hereof.
13
14
15
16 PASSED AND ADOPTED this _ day of 92006
17
18_
19
20 ATTEST: APPROVED:
21
22
23
24 CITY CLERK MAYOR
25
26 l st Reading —
27 2nd Reading —
28' COMMISSION VOTE:
29' READ AND APPROVED AS TO FORM: Mayor Feliu:
30 Vice Mayor Wiscombe
31 Commissioner Palmer
32 Commissioner: Birts:
33 Commissioner Beckman:
34 CITY ATTORNEY
35
36
37
38
39
40 Attachments
41:11 Attachment "A" Designation Report for 5837 Sunset Drive
42
43
44
45
46
47
48
49
50 E`. \Comm Items \2006 \3- 7- 06\PB -05 -022 BP -OV Shelley Build Prop Ord..doc
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City of South Miami
Historic Site Designation (HP -OT) Shelley Building
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TABLE OF CONTENTS
General Information.... . .... ..4
Statement of Significance .............. .......................5
Contextual History ........ ............. .........................5
Architectural Distinction ............. ..............................7
Eligibility Criteria ........................ ..............................8
Design Review Guidelines ........... ..............................9
Bibliography ............ .................. ......................10
Photographs .. ............................... ......................;11
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building)
Page 3
1. GENERAL INFORMATION
Historic Names:
The Shelley Building
The Dutcher Building
The Rutherford Apartments
Current Name:
5837 Sunset Drive
Location:
5837 Sunset Drive. (SW 72nd Street)
Located on the north side of Sunset Drive, mid -block between
South Dixie Highway on the west and SW 58th Avenue on the east
Present Owner:
Roberts Investment Company
PO Box 561061
Miami, Florida 33256
Present Use:
Retail (Stores)
Zoning District:
Commercial/ Medium Density
Tax Folio Number
09 -4025- 030 -0050
Boundary Description
Lots 5, 6, and 8, Cooper's Subdivision, as recorded in Plat Book 4, page
152 of the Public Records of Miami -Dade County, Florida
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building)
Page 4
li. SIGNIFICANCE
Specific Dates: 1926
Architect: Unknown
Builder/
Contractor: Unknown
Statement of Significance
The Shelley Building is a rare survivor of the real estate boom in the City of South
Miami. The two story mixed -use (retail and residential) building was constructed
by Robert Shelley, son of one of the earliest pioneers in the area, who was a
contemporary of such instrumental leaders as the .`Dorns, the Opsahis, the
Dowlings and the Larkins' families. Despite changes to the storefronts and the
windows of the second story, the Shelley Building continues to convey its
landmark architecture. Its Mediterranean Revival design, which reflects the
influences of the American Southwest, as well as the Mediterranean Basin, was
the preferred style of architecture during the height of the real estate boom in
Dade County,
Contextual History:
During the late 1880s, South Miami was little more than a pioneer enclave of
settlers who established homesteads in the area.' When Henry Flagler's Florida
East Coast Railway built an extension' from Miami to Homestead in 1904, with
SO: uth Miami (then known as The Town of Larkins) as a stop along the way, the
community was poised for its development.
By 1917 the population of the town had reached approximately 350. By July
1.918 nine plats had been filed, four of them east of the railroad and five of them
to the west. Much of the land remained in agricultural use.
During the 1920s all of South Florida was caught up in the frenetic activity of the
Florida Land Boom. South Miami was no exception. During these flamboyant
times there were several buildings of consequence constructed in South Miami
including the Methodist Church and the Riviera Theater (demolished.)
Residential subdivisions were platted as thousands purchased homes in the area.
By 1927, the real estate boom had abruptly ended, and the state of Florida
entered into an economic depression even before the rest of the nation, when
j
the Stock Market collapsed in 1929.
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building)
Page 5
�..
The "Golden Triangles
The dramatic diagonal created by the Florida East Coast Railway line and the
construction of South Dixie Highway ( US 1) that paralleled it, was responsible for
creating a series of pyramidal- shaped blocks that were later platted. The
resulting lot shapes were irregular at the intersection of the three sides of the
triangle:
The Shelley Building at 5837 Sunset - Drive is located in Cooper's Subdivision,
platted In April 1919 by Mr. H.D. Cooper and his wife Lovilla J. Cooper. That
triangular plat was bounded on the south by Sunset Drive (of the time identified
only as "County Rock Road ") and on the north and west by South Dixie Highway
and on the east by SW 58th Avenue.
The block immediately to the south of the Shelley Building was platted by South
Miami pioneer W.A. Larkins in June, 1915 and the block west of it, fronting onto
South Dixie Highway was platted by Harold Dorn, also in 1915.
The Dorn Buildings at 5900 and 5904 SW 72nd Street were constructed in 1926
during the height of the real estate boom In South Florida. This section of what
was still the Town = Larkins experienced 'a great surge in the building of
commercial structures and its very location became the hub for the commercial
expansion of the downtown.
The,,.::
building at 5837 Sunset Drive was built at the same time as the Dorn Buildings,
by Robert Shelley, son of one of the earliest pioneer families in South Miami.
The Shelley Family
George H. Shelley, his wife Hope and sons Hartwell, Clair, Harold, and Robert
were originally from Hornell, New York. Later they moved to Omaha, Nebraska
where Mr. Shelley operated a grocery store. In 1911, George Shelley visited the
area and for $150, purchased five acres of land from the Model Land Company
(a subsidiary of Flagler's Florida -East Coast Railway,) on the north side of Sunset
Drive at 62nd Avenue.
In 1916 Robert married Sue Ramsey (daughter of A.H. Ramsay.) It was Robert
who built the grocery store at 5837 Sunset Drive. Later he doubled the size of
the store and added a dry goods section and clothing for men and women. His
father George operated 'a real estate office in one corner of the store. The
business section of the 1927 City Directory contains this listing, under the category
of ";Dry Goods - Retail ":
Shelley's Inc. Sunset Drive near Bailey Street. South Miami
City of South Miami
Historic Designation rReport for
5837 Sunset Drive (The Shelley Building)
Page 6
M,; , ,.
The alphabetical section which includes both residences and businesses lists this:
Shelley's Inc. Sunset Drive near Bailey Street, Department Store, R.J.
Shelley, President; Mrs. Sue R. Shelley, Vice- President, Hope Davis,
Secretary- Treasurer.
7^
Shelley was an influential citizen who, along with J.L. Paxson, W.G. Stang, J.B.
Hay en, P.C.Cendal, Lyda f-arroll, J.W. arts an�rs. F.J. Ravelin, formed an
incorporation committee to encourage nd mandge the growth of their town.
In March 1926, sixty -nine out of the eighty -five qualified voters within the
proposed corporate limits met to change the name of their town from Larkins to
the Town of South Miami. At that time the boundaries, which covered
approximately six square miles, were: Red Road on the east; Ludlum and
Palmetto Road on the west; Bird Road and Miller Road on the north, and SW
104th Street and North Kendall Drive on the south.
Robert Shelley continued to expand the store first by adding four apartments
and later constructing an arcade' across the front. Robert operated the store
until 1930 when he liquidated all his stock at auction. He then opened a radio
and appliance business at 3015 Grand Avenue.
Robert Shelley became a millionaire with an ingenious patented invention. He
designed a spring that would bring up the last bottles in a beer cooler to the top,
making them easier to reach. Operating as the Shelley Manufacturing
Company, his patent was used to make all kinds of self - leveling machines
particularly in cafeterias.
Robert Shelley died in November 1983.
Building permits issued in the later 1940s indicate the owner of the building as the
"Joetik Realty Company." Dan R. Dutcher is the signatory for Joetik Realty,
indicating he was an officer in the company. The building was owned by Joetik
Realty at least from 1946 through 1961.
Ill. ARCHITECTURAL DISTINCTION
The Shelley Building was constructed in at least two stages, the first in 1926. Most
likely, that part of the building was the one. -story section. In the book Villages of
South Dade, the author tells us that the apartments were later added to the
building, as well as the extension of the loggia to the south.
The building is best described' as "Mediterranean Revival" in style, although the
rounded center parapet is also found in Mission style designs.
1 An arcade is defined as a range of arches with their supports, and a passageway, one side of which is a
range of arches supporting a roof. Frequently the word is used interchangeably with the term "loggia"
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building
Page 7
r
The features of the Mediterranean Revival style include vast expanses of stucco
with ornamentation limited to the doors and windows; the use of the arch form,
(as is seen in the repetition of round arches that compose the arcade,) the use
of casement windows, and a prominent parapet that is shaped.
The original beaded board is evident in the roof of the loggia, although
damaged in places.
Alterations
A comparison of the building with an historical photograph displayed in the
South Miami City Hall, illustrates some of the alterations which have occurred
over time. The most obvious change to the building is the loss of the balustrade
that once surmounted the loggia.
Other changes include the replacement of the original casement windows of
the second story and alterations to the storefronts on the first floor.
Despite these changes, the Shelley Building is clearly understood as an historic
building, and retains a sufficient degree' of integrity for its listing in the South
Miami Register of Historic Buildings.
Eligibility for Designation
The proposed designation of The Shelley Building, 5837 Sunset Drive, meets the
following criterion contained in the South Miami Land Development Code,
Section, 20.4.9 "Historic Preservation Standards:"
(a) Districts, sites, structures and objects of national, state and local
importance are of historic significance if they possess integrity of
location, design, setting, materials, workmanship, feeling and
association and:
(b) Are associated with events that have made a significant
contribution to the broad patterns of our history, and
(c) Are associated with the lives of persons significant in our past, and:
(d) Embodies the distinctive characteristics of 'a type period, method
of construction or work of a master; or that possess high artistic
value, or that represent a distinguishable entity whose components
may lack individual distinction
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building)
Page 8
x. W
The Shelley Building, 5837 Sunset Drive meets the criteria contained in
paragraphs (a) through (d), and is therefore recommended for local historic
designation.
Design Review Guidelines
In accordance with the procedures set forth in Section 20.5.19 of the City's Land
Development Code, any building permit for exterior alteration, renovation or
demolition of an existing structure which is designated historic, or is within a
designated historic district shall first require the issuance of a Certificate of
Appropriateness (COA.) The COA is issued after a review by the Historic
Preservation Board and City Commission.
The Historic Preservation Board' shall adopt and may, from time to time, amend
the standards by which applications for a Certificate of Appropriateness may be
evaluated. In adopting these guidelines, it shad be the intent of the Board to
promote maintenance, restoration, adaptive uses appropriate to the property,
and compatible contemporary designs that are harmonious with the exterior
architectural and landscape features of neighboring buildings, sites, and
streetscapes.
In order to assist in the review process for the Commercial Building at 5837 Sunset
Drive (The Shelley Building) the following design guidelines should be consulted.
General
The Secretary of the Interior's Standards for Historic Preservation Projects
With Guidelines for Applying the Standards (1979) as may be amended.
Specific:
Two stories in height
One story arcade (west) elevation
Rough textured stucco finish
Shaped parapet
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building
Page 9
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BIBLIOGRAPHY
Building Permits, City of South Miami, Planning Department
Federal Writer's Project of the Works Progress Administration for the State of
Florida. Florida, A Guide to the Southernmost State (New York: Oxford
University Press) 1939
Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade
House) 1949.
Protco, Rhoda Ogden and the South Miami Chamber of Commerce. In and
Around South Miami: A Kaleidoscope o f the Past and Present. (South
Miami: 1976)
R.L. Polk City Directory, Miami: >R.L. Polk Company, 1927.
Taylor, Jean. The Villages of South Dade. (St. Petersburg: Byron Kennedy and
Company)
Tevis, Paul U History of South Miami, manuscript n.d. ( 1971 ?)
City of South Miami
Historic Designation Report for
5837 Sunset Drive (The Shelley Building)
Page 10
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INCORPORATED
1927
�LOR lo
CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING`
SUMMARY MINUTES
MoNDAY, MAY 239 2005
City Commission Chambers
3:30 PM
EXCERPT
L Call to order
Action: Ms. Redding called the meeting to order at 3:30 p.m.
II. Roll call
Roll call was performed. Board members present constituting a quorum:
Ms. Lahiff, Ms. Clyatt, Ms. Dison, Mr. Kurtzman, and Ms. Chael.
Board members absent: Ms. Redding and Mr. Deen.
City staff present: Don O'Donniley, (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Patricia E. Lauderman (Board Secretary).
III. Public Hearing on Designations
(HPB -05 -003) 5837 Sunset Drive (Shelley Building)
(A) Review of Historic Site Designation Report
Mr. Youkilis explained to the Board the process of Historic Designation for the Shelley
Building. Next, Ms. Ellen Uguccioni (Cultural Resource Consultant) presented the designation
report for the Shelley Building. She indicated that the Shelley Building is a rare survivor of the
real estate boom in the City of South Miami. The two story mixed -use (retail' and residential)
building was constructed by Robert Shelley, son of one of the earliest pioneers in the area, who
was a contemporary of such instrumental leaders as the Dorns, the Opsahis, the Dowlings, and
the Larkins' families. Although there have been changes to the storefronts and the windows of
the second story, the Shelley Building continues to convey its landmark architecture. The
building has Mediterranean Revival design, which reflects the influences of the American
Southwest, as well as the Mediterranean Basin, which was the preferred style of architecture
during the height of the real estate boom in Dade County. At this point, the Board,; staff, and
Ellen Uguccioni discussed the designation report.
M ':,..r. -a.
r�
HPB Minutes
May 23, 2005
Page 2 of 3
Ms. Uguccioni also informed the Board that the Shelley Building was' constructed in at least two
stages, the first in 1926. Most likely, that part of the building was the one -story section. In the
book Villages of South Dade, the author tells us that the apartments were later added to the
building, as well as the extension of the loggia to the south. She also stated that the building is
best described as "Mediterranean Revival" in style. The features of the Mediterranean Revival
style include vast expanses of stucco with ornamentation limited to the doors and windows; the
use of the arch form, the use of casement windows, and a prominent parapet that is shaped.
Ms. Uguccioni ended her ,presentation of the proposed designation and concluded that the
Shelley Building met the criterion contained in the South Miami land development Code,
Section 20.4.9 entitled "Historic Preservation Standards" therefore it is recommended for local
historic designation.
(B) Public Comments:
Speaker present: Mr. Daniel A. Weiss, Esq (representative for owner of the property)
Action: the Board, staff, Ms. Uguccioni, and Mr. Weiss discussed the designation of the Shelley
Building. Mr. Weiss informed the Board and staff that he will be representing Robert
Investments Company and Mr. Bob Smith the owner of the property. Mr. Weiss noted that a
portion of the property included in the tax folio which is presented in the designation report but
that section of property is not part of the proposed historic property. Mr. Weiss described the
portion as the:one -story brown colored building' and is not covered by the arcade. Board member
Mr. Kurtzman noted that if the brown colored building has the same property address and -folio
the Board can only comment on it to make sure this portion of the property is not included in the
designation report. Mr. Weiss requested, that the Board make a stipulation that a correct legal
description for the proposed designated historic property is used because he does object to
including'; portion of the property that is not historic.' Ms. Dison suggested to reviewing the site
plan for clarification.
Mr. Weiss also addressed the issue that no ad valorum tax incentive have been implemented by
the city and burden of required parking regulations are some of the reasons that his made his
client, Mr,:, Smith decide that designating his property historic is premature. Mr. O'Donniley
commented that the ad valorum tax incentives is being presented to the Planning Board and then
by will be sent to the City Commission. Furthermore, staff indicated to Mr. Weiss that the
Shelley Building presently has a parking exception because it is a contributing building.
At this time, Ms. Chael entered the meeting.
Mr. Weiss respectfully informed the Board that Mr. Smith feels there is no other position but to
object to the designation. Furthermore, Mr. Smith needs additional time to assess the designation
and the advantages and disadvantages that come with it. Mr. Weiss urged the Board to table the
designation or deny it because designating' the Shelley Building would be a "taking" of his client
property. Ms. Dison stated that the Board is not "taking" the property but is preserving the
building which is a piece of South Miami history.
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HPB Minutes
May 23, 2005
Page 3 of 3
(C) Designation of 5837 Sunset Drive as an Historic Site
Motion: Ms. Dison moved that the Shelley Building with the exception of the non - conforming
addition be considered as appropriate for historic designation within the Hometown District of
the City of South Miami. Ms. Lahiff seconded the motion.
Vote: Approved 4 Opposed 1 (Ms. Chael)
Note: Mr. Weiss made an objection that Ms. Chael voted because she missed a portion of Mr.
Weiss' remarks., However, staff clarified that a Board member can only abstain from voting if
there is a financial gain in the matter.
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KAHPB Historic Bd\HPB Minutes\2005 Minutes \HPB Mins 5- 23- 05.doc
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1927
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006'
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a`quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
IV. Planning Board Applications I Public Hearings
PB -05 -022
Applicant: City of South Miami
AN ORDINANCE' OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DESIGNATING A COMMERCIAL BUILDING (THE SHELLEY BUILDING) LOCATED
AT 5837 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; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE:
Mr. Morton read the item into the record. Mr. O'Donniley explained that the Historic
Preservation Board at its May 23, 2005 meeting reviewed an historic designation report for
1
Planning Board Meeting
January 31, 2006
Page 2 of 3
the commercial building located at 5837 Sunset Drive. The historic designation report was
prepared by Ms. Ellen Uguccioni, who is the city's historic cultural resource consultant.
Following a public hearing, the Board adopted a motion recommending that this building
be designated an historic site. In 2004 the Land Development Code was amended to create
the "HP -OV" Historic Preservation Overlay zoning district and to require that designations
become a zone map change. The procedures set forth in that amendment requires the
Planning Board to hold a public hearing on all designations recommended by the Historic
Preservation Board.
Furthermore, Mr. O'Donniley indicated that the designation of an historic site requires that
the Historic Preservation Board approve a Designation Report which sets forth the history
of the building and the architectural significance. Attached to the staff report is the
Designation Report which was approved by the Board after a public hearing at its May 23
2005 meeting by a vote of 4 ayes 1 nay (Ms. Chael).
In addition, Mr. O'Donniley provided the following staff observations:
(1) The designation report and the procedures followed by the Historic Preservation Board
are in accordance with the current LDC regulations governing historic site /district
designations.
(2) The Shelley Building is one of six buildings identified as a "contributing building" in
the Hometown District Plan and Overlay District.
(3) The designation of historic sites is compatible with several Future Land Use Element
goals and objectives contained in the Comprehensive Plan:
• Objective 1.2 Preserve historic resources by experiencing no demolition or
<
reconfiguration of specified resources ........."
(4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a
designated historic building will require special approval in the form of a "certificate of
appropriateness" (COA). This approval requires a review by the Historic Preservation
Board and final approval by the City Commission. The Designation Report contains a
section (p.9) entitled Design Review Guidelines which establishes architectural
guidelines for the review of future' certificates of appropriateness.
(5) The proposed designation will not require changes to any of the dimensional standards
or permitted uses currently applicable' to the area's SR (HD -OV) Specialty Retail,
Hometown District Overlay ) zoning district.
Recommendation
Staff recommended that the historic designation and the placement of an "HP -OV" district
over the, existing zoning district' for the building at 5837 Sunset Drive Building)
be, approved.
Planning Board Meeting
January 31, 2006
Page '3 of 3
Applicant: Alfred Aronovitz, Esq (applicant's representative)
Mr. Avonovitz explained that after carefully reviewing the ordinance, his client Dr. Steve
Halegua did not agree with the designation. Mr. Avonovitz indicated that Mr. Halegua'felt
the building had basic construction and that the storefront had gone through several
changes through the times. In addition, the issue of no ad valorum tax incentive was not
enough reason to agree with the designation, he felt there would be more disadvantages
than advantages for him in making the property historic designation.
Chair Morton opened the public hearing.
No one spoke on the item
Chair Morton closed the public hearing.
Motion: Ms. Yates motioned for approval of the designation. Mr. Comendeiro 'seconded
the motion.
Vote: , Ayes 6 Nays 1 (Mr. Morton)
EAComm Items\2006 \3- 7 -06\PB MINS 1 -31 -06 Shelley Excerpt.doc
PLANNING DEPARTMENT South Miami
CITY OF SOUTH MIAMI F o r i d a
6130 SUNSET DRIVE
4 SOUTH MIAMI, FL 33143 w= America City
Tel: 305- 663 -6326
Fax: 305- 668 -7356
Q'I sue' i 12 f •�
2001
November 10, 2005
Dr. Steve Halegua
7600 Red Rd.
South Miami, FL. 33143
Re: Proposed Historic Designation- 5837 Sunset Dr. (Shelley Building)
Dear Dr. Halegue'.
This 'letter is to advise that your property at 5837 Sunset Drive is being considered for possible
designation as an historic site. This City's Land Development Code provides for the designation
of properties because of unique architectural or historic significance to the City of South Miami.
The South Miami Historic Preservation Board at its May 23, 2005: meeting approved a
designation report for the property which is the first step in the process to declare a property as an
historic site. The next step in the designation procedure will be a public hearing to be held by the
Planning Board on Tuesday, November 29 2005 at 7:30 PM in the South Miami City
Commission Chambers, of 6130 Sunset Drive. You are cordially invited to attend and participate
in the public hearing.
It is import ant that the owners of historically designated buildings understand the advantages, of
the: designation as well as the responsibilities involved. In order to assist you the following
information is provided
A. Advantages of historic site designation for a property owner.
(1) The marketability and sale value of a designated historic site is significantly higher than
comparable properties. A number` of national studies have indicated that an historic designation
increases the S' value of that property by 15` %.
(2) The City of South Miami recently amended its Land Development Code (Zoning Code) and
the City Code to give special incentives to owners of designated historic sites. In summary these
are:
(a) A, property tax exemption on exterior improvements to the property. The City of South Miami
ordinance provides for a tax exemption for any exterior renovation which results in the tax
assessor increasing the assessed value, the resulting increase in taxes on that improvement
could be exempted for 10 years (Ord. No. 21- 05- 1843).
(b) Providing for zoning variances needed to do restoration on an historic building to be
reviewed and approved by the Historic Board not the Planning Board', There would be no
fees charged and no proof of hardship' would be required. `(Ord. No.22 -05 -1844)
PLANNING DEPARTMENT
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Tel: 305 - 663 -6326
Fax: 305 - 668 -7356
(2)
(c) Regulations that allow a destroyed 'historically designated site to be built back to the same
dimensions notwithstanding current zoning which may reduce size of a replacement building.
(Ord. No.22 -05 -1844)
(d) Regulations that will eliminate required off- street parking for historically designated
buildings. (Ord. No.22 -05- 1844).
(e) Existing signage on an historic building may be replaced, repaired, altered, or replicated even
if it does not meet the signage regulations currently in existence. (Ord. No.22 -05 -1844)
(3) The City is also considering regulations that would allow for Transfer of Development Rights
(TDR) for designated historic buildings. A TDR ordinance would allow the transfer or sale of
unused development rights to another property. As an example under a typical TDR ordinance the
owner of the Shelley. Building, which is a two story building in a four story zoning district, could
sell the square footage of the unbuilt 3'd and 4 "' floors to another property owner.
B. Responsibilities of owning a designated historic building
(1) The owner of a designated historic site must maintain the appearance and structural integrity
of the building.
(2) The owner of a designated historic site must obtain a certificate of appropriateness from the
Historic Preservation Board prior to receiving a building permit for any exteri or ;repairs,
renovations or remodeling.
This office is hopeful that the above is informative and will help you in understanding the value
of historic preservation to a property owner. Please feel free to call me at 305- 663 -6327.
Sincerely,
0',
�
Don 0 } Donnley, AICP
Planning Director
City of South Miami
Attachment: Designation Report
C. Maria Davis
DOD /SAY
E:1HPB Historic Bd\HP -OV 5837 Sunset Shelley Blg \Letter to Dr Halegua.doc