12-07-04 Item 14o� s o U 7, South Miami
All- AmeacaCily
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To: Honorable Mayor, Vice Mayor and Date: December 7, 2004
Commission Members
d ITEM No. 14
From: Maria Davis Re: LDC Amendment:
. City Manager Height of Fences Adjacent
To a Right -of -Way
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (H) (2) (c) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
ELIMINATE THE REQUIRED MINIMUM 60% OPEN AREA ON THE TOP
TWO (2) FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City Manager on behalf of a member of the City Commission has requested consideration
of changing the one section of the regulations governing the height of fences adjacent to rights -
of way. At present Section 20- 3.6(H) of the South Miami Land Development Code provides
that all fences, walls, gates and trellises are limted in height to six feet above grade, except
where the fence is along a street in a side yard. A side yard fence or wall that faces a street can
not exceed four feet in height. However two additional feet may be added if that two foot
portion of the fence or wall is at least 60% open or can be seen through. The proposed
amendment to this section would allow six foot high fences, walls , gates, and trellises to be
solid by eliminating the requirement that the top two feet (three feet if a gate) must be open or
see through.
PROPOSED AMENDMENT
The specific amendment being suggested is as follows: (new wording added is shown in
bold /underlined; language to be removed indicated by *rik)
(LDC) Section 20 -3.6
"(H) Physical Barriers.
(1) All fences, walls, trellises and hedges may be erected on or along a property line, but
shall not extend into official public rights -of -way or project on or over adjacent
properties.
LDC Amendment)
December 7, 2004
Page 2 of 3
(2) Height limit. Residential:
(a) Chain link fences will not be permitted on required yards adjacent to a right -of -way.
(b) In required yards all net w#aeent te a Pight ef way, fences, walls, and trellises shall not exceed
six (6) feet in height above grade
(e) in required yap-ds &4iaeent to ai-ight of ivay, f,-jjees, walk, mellises, and gates shag net ex-eee
beve grade. -F-Oneaq and walls may be inepeased by Ave (2) feet in heig&
suppei-ts is designed as a unOrm pattern with a minimum qfsixty (40) Igereent open apea.
STAFF OBSERVATIONS
(1) The proposed amendment is in response to the observation of several examples of six foot
high wood fences with very unattractive upper two feet of lattice wood.
(2) The above amendment would allow all walls, gates, and fences regardless of location to be
solid up to six feet above grade.
(3) The concept of requiring the top portion of a wall or fence visible from a street to be open
(see through) is to prevent the appearance of walled in properties which would come from a
solid material wall at 6 feet high.
(4) There is also a safety (re: crime or fire) factor in that a partially open fence or wall would
allow observation into and out of the property.
(5) Staff is aware however that it is difficult to meet the current open area requirement of 60 %,
which often requires the top two feet of a wall or fence to be specially constructed. It is
important both visually and for safety reasons that some portion of a fence or wall be open.
LDC Amendmentl
December 7, 2004
Page 3 of 3
(6) An amendment to reduce the required open area of a wall or fence to 40% is a compromise
that staff supports. In addition information from the industry indicates pre- fabricated
fencing with a 40% open area is readily available in stores.
PLANNING BOARD ACTION
The Planning Board at its November 9, 2004 meeting approved a motion by a vote of 5 ayes and
1 nay (Ms. Yates) to recommend denial of the draft ordinance as presented. The Board
suggested that additional study was needed possibly as part of the EAR process.
RECOMMENDATION
The Administration supports the Planning Board's suggestion that this particular regulation be
studied further by the Planning Department possibly as part of the on -going EAR process.
Attachments:
Draft Resolution
Excerpt from Planning Board Minutes 11 -9 -04
Public Notices
.iii 4)r.
I ORDINANCE NO.
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3 'AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING
5 SECTION 20 -3.6 (H) (2) (c) OF THE LAND DEVELOPMENT
6 CODE OF THE CITY OF SOUTH MIAMI TO ELIMINATE THE
7 REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO (2)
8 FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY;
9 PROVIDING FOR - SEVERABILITY; PROVIDING FOR
10 ORDINANCES IN CONFLICT; AND PROVIDING AN
11 EFFECTIVE DATE.
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14 WHEREAS, the City of South Miami heretofore enacted a Land
15 Development Code on October 25, 1989, which Code in Section 20 -3.6 (H) (2)
16 provides for height limits on fences, walls, trellises, and hedges; and
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18 WHEREAS, the City of South Miami heretofore amended the Land
19 Development Code on June 1, 1993, providing conditions for height limits on
20 fences, walls, trellises, and gates; and
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22 WHEREAS, the Mayor and City Commission believe the existing
23 conditions are too restrictive ;and
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25 WHEREAS, the Planning Board at its November 9, 2004 meeting, after a
26 public hearing adopted a motion by the vote of 5 ayes 1 nay recommending denial
27 of any amendment which would eliminate the requirement of open area on the top
28 two feet on fences, walls, trellises, and gates adjacent to a right -of -way; and
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30 WHEREAS, the Mayor and City Commission of the City of South Miami
31 desire to adopt the proposed amendment as submitted to the Planning Board.
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33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY OMMISSION
34 OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. That paragraph 20- 3.6(H) of the Land Development Code is amended
37 to read:
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39
(LDC)
Section 20 -3.6
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"(H)
Physical Barriers.
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(1)
All fences, walls, trellises and hedges may be erected on or along a property line, but
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shall not
extend into official public rights -of -way or project on or over adjacent properties.
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(2)
Height limit. Residential.
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(a)
Chain linkfences will not be permitted on required yards adjacent to a right -of -way.
1 (2)
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3 (b) In required yards all , fences, walls, and trellises shall not
4 exceed six (6) feet in height above grade
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8 in height above gfade, and gates may be inereased by t&ee 63) Aet above grade, ppev
9 that the upper Ave (2) ftet ef Me fenee ep waiY surfaee and Me upper thi-ee (3) feet ef the gate
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15 few (�� and six K� feet in height abeve grade. The graphie "Weed'em F4-nee
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18 (io AA-menry walk emeeeding (Our 64) feet in height along i-i0ts of w6i�' shall
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21 abeve Aeui-=(4) feet in height above gpade aleng rkht-s of way shag emeeed
22 fourteen (141) iwFAV-6 width. This is to Igi-evide fer vertieal sffppept (
per Seetien
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30 Section 2. If any section, clause, sentence or phrase of this ordinance is held to
31 be invalid or unconstitutional by any court of competent jurisdiction, the holding
32 shall in no way affect the validity of the remaining portions of this ordinance.
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34 Section 3. All ordinances or parts of ordinances in conflict herewith be and the
35 same are hereby repealed.
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37 Section 4. This ordinance shall take effect immediately at the time of its passage.
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PASSED AND ADOPTED this day of , 2004
ATTEST: APPROVED:
CITY CLERK
MAYOR
1 (3)
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3 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
4 Mayor Russell:
5 : Vice Mayor Palmer:
6 Commissioner Wiscombe:
7 Commissioner Birts- Cooper:
8 Commissioner Sherar:
9 CITY ATTORNEY
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45 E: \Comm Items \2004 \12- 7- 04 \PB -04 -021 LDC Amend Ord.doc
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CITY OF SOUTH MIAMI PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, November 9, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38 P.M. 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. Gibson,
Ms. Yates, Mr. Liddy, Mr. Illas, and Mr. Mann. Board members absent: Mr.
Comendeiro
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Board Applications / Public Hearings
PB -04 -021
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (I) (2) (c) OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
ELIMINATE THE REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO
(2) FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
Planning Board Meeting Excerpt
November 9, 2004
Page 2 of 3
ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the
staff report. He indicated that the City Manager on behalf of a member of the City
Commission has requested consideration of changing a section of the regulations
governing the height of fences adjacent to rights -of -way. He explained at present
Section 20 -3.6 (H) of the South Miami Land Development Code provides that all
fences, walls, gates and trellises are limited in height to six feet above grade, except
where the fence is along a street in a side yard. A side yard fence or wall that faces
a street can not exceed four feet in height. However, two additional feet may be
added if that two foot portion of the fence or wall is at least 60% open or can be
seen through.
In addition, Mr. O'Donniley provided the following staff observation:
1) The proposed amendment is in response to the observation of several
examples of six foot high wood fences with very unattractive upper two feet
of lattice wood.
2) The above amendment would allow all walls, gates, and fences regardless
of location to be solid up to six feet above grade.
3) The concept of requiring the top portion of a wall or fence visible from a
street to be open (see through) is to prevent the appearance of walled in
properties which come from a solid material wall at 6 feet high.
4) There is also a safety (re: crime or fire) factor in that a partially open fence
or wall would allow observation into and out of the property.
5) Staff is aware however that it is difficult to meet the current open area
requirement of 60% which often requires the top two feet of a wall or fence
to be specially constructed. It is important both visually and for safety
reasons that some portion of a fence or wall be open.
Mr. Donniley advised that an amendment to reduce the required open area of a wall
or fence to 40% is a compromise that staff recommends. In addition, information
from the industry indicates pre- fabricated fencing with a 40% open area is readily
available in stores.
Chairman Mr. Morton swore in speakers and then opened the Public Hearing.
Speakers:
NAME
ADDRESS SUPPORT /OPPOSE
David Tucker, Sr. 6556 SW 78 Terr. -
Mr. Tucker indicated that fences need some open area because that is a matter of
safety to view both into and out of the property.
Planning Board Meeting Excerpt
November 9, 2004
Page 3 of 3
The Board and staff discussed the ordinance. The Board agreed that the regulations
should be changed for wood fences, however, they felt that further discussion was
needed for the masonry wall.
Motion: Mr. Liddy motioned to deny the recommendation for the proposed
ordinance as submitted. Mr. Mann seconded the motion.
Vote: Ayes 5 Nays 1 (Ms. Yates)
EAComm Items \2004 \12 -7 -04 \Excerpt PB Mins Height of Fences.doc
d
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally.appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami. Daily Business
Review f /kia 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 - 12/7/2004
ORDINANCE AMENDING SECTION 20 -3.6 (H)'(2) (C), ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/216/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first -publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi dvertise for publication in the said
newspaper.
Sworn to and subscribed before me this
26 d of BE A.D. 2004
(SEAL)
O.V. FERBEYRE personally known to me
,v ft Maria I. Mesa
`- Commission DD293855
i=..pires March 04, 2008
i
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14111 1211400lii'-
C�U.RTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, December 7, 2004, beginning at 7:30 p.m:, ': in the City Commission
Chambers, 6130 Sunset-.''Drive, the 'City Commission will hold Public Hearings to
consider the following items:
AN ORDINANCE AMENDING THE; LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI TO .ELIMINATE THE REQUIRED MINIMUM 60% -OPEN AREA
ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT-OF-WAY.
N ORDINANCE AMENDING THE CITY. OF
SOUTH MIAMI PENSION PLAN,
PROVIDING.. FOR ELIGIBILITY AT DATE OF EMPLOYMENT- FOR POLICE_
OFFICER EMPLOYEES OF THE CITY OF .SOUTH MIAMI;. PROVIDING FOR A
- MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES.
A RESOLUTION PURSUANT TO THE LAND DEVELOPMENT' CODE FOR
RELEASE OF A UNITY OF .TITLE FOR PROPERTY LOCATED AT 8200 SW 60th
COURT AND LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, HARRIS
ESTATES SUBDIVISION; THE PURPOSE OF THE REQUEST IS TO PERMIT A
RESIDENTIAL BUILDING TO BE CONSTRUCTED ON LOT 2.
A RESOLUTION FOR APPROVAL OF THE FOLLOWING TWO PARKING
VARIANCES IN:ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH
STREET IN AN 11130 "RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
USED AS.A COMMERCIAL OFFICE BUILDING: (Il VARIANCE FROM THE LAND
DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET' PARKING SPACES
WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2)
VARIANCE FROM THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED
PARKING. TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS
PROHIBITED IN THE RO ZONING USE DISTRICT.
Inquiries concerning this item should be directed to the Planning Department at 305 -663 -
6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
City Clerk
Pursuant to Florida Statutes 286.0105, the .City hereby advises the public that if a person decides to
appeal any. decision made by this Board, Agency or Commission ' with .respect to any matter
considered at its meeting or hearing, he or she will need:a record of the. proceedings, 'and that for
such purpose, affected person may. need to ensure that a' verbatim' record of the proceedings is made
which record includes the testimon and 'd
y evi ence upon w is t e appeal -is to be based.
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