03-17-98L�J
MAYOR: Julio Robaina INTERIM CITY MANAGER: Diana Morris
VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: Mary Scott Russell
CITY COMMISSION AGENDA
Regular City Commission Meeting
Meeting date: March 17,'1998 6130 Sunset Drive, South Miami, 'FL
Next Regular Meeting date: April 7, 1998 Phone: (305) 663 -6340
Time: 7:30 PM
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 CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRREVELANT'EVIDENCE, NOR DOES IT AUTHORIZE' CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BYLAW.
City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff; Boards, Committees and the City
Commission, to fill out the appropriate form and file.it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. Presentation(s):
"Certificates of Appreciation" to participants of the
Snapper Creek Entrance Design Contest
a. Andrew Georgiadis
b. Maria Molina
c Molly Corville
d. Willy Rivera
e Gaither L. Pratt
ITEMS FOR THE COMMISSION'S CONSIDERATION:
1• Approval of Minutes:
Regular City Commission Minutes March 3, 1998
REGULAR CITY COMMISSION l
AGENDA - March 17, 1998
2 City Manager's Report:
3. City Attorney's Report:
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO CODE
ENFORCEMENT BOARD; RE APPOINTING MR. DAN: MCCREA TO
SERVE FOR A ONE YEAR TERM ENDING -MARCH 17, 1999 OR
UNTIL 'A SUCCESSOR IS DULLY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA - 'RELATING TO EDUCATION;
SUPPORTING PROPOSAL 40 OF THE CONSTITUTION REFORM
COMMITTEE AUTHORIZING COUNTIES WITHIN THE STATE OF
FLORIDA TO DIVIDE INTO TWO OR MORE LOCAL SCHOOL BOARDS;
PROVIDING FOR AN EFFECTIVE DATE;
(Mayor Robaina) 3/5
6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH AQUEJET INC. TO
PROVIDE CANAL MANAGEMENT SERVICES FOR THE CITY -OWNED
BROAD CANAL AT COST NOT TO EXCEED $4,800 FOR THE
CURRENT FISCAL YEAR, AND CHARGING THE DISBURSEMENT TO
"STORMWATER FUND CONTRACTUAL SERVICES" ACCOUNT NO. 11
1730 - 541 -3450
(Administration /Public Works) 3/5
7 A_RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN AN INTERLOCAL'AGREEMENT TO RENEW THE
STORMWATER UTILITY PROGRAM.
(Administration /Public Works) 3/5
8. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA' AUTHORIZING- THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $22,500.00 TO
KUSTOM SIGNALS, INC. FOR THE PURCHASE OF ONE RADAR
CONTROLLED VEHICLE SPEED SIGN AND TWO' PRO LASER II
SPEED GUNS, AND CHARGE THE FUNDS TO ACCOUNT NUMBER 01-
0000- 131 -1500, 'FEDERAL FORFEITURE FUNDS` FOR A VEHICLE
SPEED REDUCTION PROGRAM.
(Administration /Police Dept.) 3/5
REGULAR CITY COMPASSION 2
AGENDA March 17, 1998
i
9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, 'FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT FEDERAL FUND'S FROM THE DRUG CONTROL
AND SYSTEM IMPROVEMENT FORMULA GRANT _PROGRAM
COORDINATED BY THE MIAMI -DADE COUNTY DEPARTMENT OF
HUMAN SERVICES IN THE AMOUNT OF $5,092.00; AUTHORIZING
THE USE OF $1,697.00 IN FEDERAL FORFEITURE FUNDS AS
REQUIRED FOR THE 25% MATCH FOR THE SOUTH MIAMI POLICE
ATHLETIC LEAGUE UNDER` THE COMMUNITY DRUG AND CRIME
PREVENTION PROGRAM AREA DURING THE 1998 PROGRAM YEAR;
AUTHORIZING THE CITY MANAGER TO TRANSFER $1,697.00 FROM
ACCOUNT NO. 615- 1910- 521 -3490 ENTITLED "FEDERAL
FORFEITURE FUNDS" AS THE REQUIRED 25% MATCH AND TO
DEPOSIT SAID FUNDS IN AN ACCOUNT ENTITLED "POLICE
ATHLETIC LEAGUE," 001 -0000- 219 - 1900.
(Administration /Police Dept.) 3/5
10 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH FLORIDA ELECTRIC
SERVICES COMPANY, INC.,. FOR ELECTRICAL WORK (SPORTS
FIELD LIGHTING) SERVICES FOR THE CITY'S BARKS &
RECREATION DEPARTMENT,' FOR AN AMOUNT NOT TO EXCEED
$3,111`.00,; FROM ACCOUNT #200 -4620, "MAINTENANCE &
REPAIR - OPERATING EQUIPMENT.
(Administration /Parks &'Rec.) 3/5
11. A`RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE
CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO SUPPORTING
PASSAGE OF SENATE BILL 1478 AND HOUSE BILL 3827;
PROVIDING.AN EFFECTIVE DATE:
(Vice Mayor Oliveros) 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
12 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, 'RELATING TO RECREATION;
AMENDING SECTION 2 -26.3 OF THE CODE OF ORDINANCE BY
CREATING A RECREATION AND CULTURAL AFFAIRS BOARD;
SETTING FORTH GUIDELINES BY WHICH BOARD SHALL BE
GOVERNED; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE. Wt Reading - March 3 1998)
(Mayor Robaina) 3/5
13. AN ORDINANCE OF THE MAYOR AND 'CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO COMPENSATION
REGULAR CITY COMMISSION` 3
AGENDA March 17, 1998
FOR THE MAYOR AND CITY COMMISSION; AMENDING ORDINANCE
NO. 24-97-1645 WHICH AMENDED SECTION 2 -3 OF THE CODE OF
ORDINANCES, ENTITLED COMPENSATION FOR COMMISSIONERS AND
MAYOR- .ESTABLISHED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (1st
Reading - March 3,`1998)
(Mayor Robaina) 3/5
RESOLUTION (S) PUBLIC HEARING (S)
There were none
RESOLUTION (S)
14. A RESOLUTION OF THE MAYOR AND `CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION OF THE DIRECTOR OF PLANNING & ZONING,
ACTING IN 'LIEU OF 'ENVIRONMENTAL REVIEW & PRESERVATION
BOARD,`, REGARDING DEFERRAL OF AN APPLICATION FOR 'TENANT
BUILDOUT BY VIRGIN RECORDS AT 5701 SUNSET DRIVE, AS
PART OF THE SHOPS AT SUNSET PLACE PRJECT, PURSUANT TO
SECTION 20 -6.2 (A) OF THE LAND DEVELOPMENT CODE; AND
PROVIDING FOR AN EFFECTIVE DATE
(Administration) 3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING PARKS AND
RECREATION; APPROVING A SETTLEMENT AGREEMENT BETWEEN
MR. ROD MANDELSTAM AND THE CITY; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MUTUAL USE AGREEMENT WITH
CAROD, I d /b /a SOUTH MIAMI GYMNASTICS CENTER; PROVIDING
AN EFFECTIVE DATE.
(Administration) 3/5
16 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI CITY MANAGER PROFESSIONAL SEARCH COMMITTEE;
PROVIDING FOR THE APPOINTMENT OF THREE MEMBERS;
PROVIDING FOR TERM OF OFFICE; AND PROVIDING AN
EFFECTIVE DATE.
(Mayor Robaina) 3/5
17.. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF
PENSION FUNS ACCOUNT FROM NATIONS BANK TO WACHOVIA
REGULAR CITY COMMISSION 4
AGENDA March 17, 1998
BANK,'- N.A., AND APPROVING WACHOVIA BANK AS THE
SUCCESSOR CUSTODIAN BANK.
(Administration) 3%5
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION;
ESTABLISHING A CITY WIDE EDUCATIONAL COMMITTEE IN THE
CITY OF SOUTH' MIAMI;' PROVIDING FOR TERM OF OFFICE;
ESTABLISHING DUTIES; PROVIDING FOR AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
ORDINANCE (S) FIRST READING
19. AN ORDINANCE'OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION ,20-
4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED
LAND DEVELOPMENT CODE BY AMENDING SAID SECTION '20 -4.5
TO BE CONSISTENT WITH THE AMENDED LANDSCAPING
REQUIREMENTS OF MIAMI -DADE COUNTY, AS SET FORTH IN
CHAPTER 18 -4 OF THE COUNTY'S CODE OF ORDINANCES, AND AS
AMENDED BY COUNTY ORDINANCE NO.' 98 -13, ADOPTED JANUARY
13, 1998; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND; PROVIDING FOR AN EFFECTIVE
DATE.
(Administration /B &Z) 3/5
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 5
AGENDA March 17, 1998
,(1�1
,tea
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/13/98
AGENDA ITEM #
FROM: Diana 4 Comm. Mtg. 3/17/98
Interim City Manager Code Enforcement
Board
Mayor Julio Robaina sponsors the attached resolution. This resolution re- appoints Mr. Dan
McCrea to serve for a one year term ending March 17, 1999 to the Code Enforcement Board.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; RE- APPOINTING MR. DAN MCCREA TO
SERVE FOR A ONE YEAR TERM ENDING MARCH 17, 1999 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees;
WHEREAS, the city Commission desires to appoint Dan McCrea
to serve on the Code Enforcement Board until March 17, 1999 or
until a successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby re- appoints Dan
McCrea to serve on the Code Enforcement Board.
Section 2. The expiration date of this appointment shall
expire March 17, 1999 or until a successor is duly appointed and
qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this . day of ., 1998.
ATTEST:
CITY CLERK
READ AND APPROVED, AS TO FORM:
CITY ATTORNEY
0
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3113/98
A,4;11, 'i� AGENDA ITEM #
FROM: Diana Morris Comm. Mtg. 3117198
Interim City Manager Supporting Proposal 40
Mayor Julio Robaina sponsors the attached resolution. This resolution supports Proposal 40 of
the Constitution Reform Committee authorizing local municipalities to create and maintain their
own local school boards.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION;
SUPPORTING PROPOSAL 40 OF THE CONSTITUTION REFORM
COMMITTEE AUTHORIZING COUNTIES WITHIN THE STATE OF
FLORIDA TO DIVIDE INTO TWO OR MORE LOCAL SCHOOL BOARDS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the South Miami City Commission firmly believes
that public education is an issue of community -wide concern; and
WHEREAS, the South Miami City Commission strongly believes
the children of South Miami are our future; and
WHEREAS, the South Miami City Commission understands that
education is our most important legacy to that future and
strongly supports Proposal - -40 of the Constitution Reform
Committee authorizing counties within the State of Florida to
divide into two or more local school boards.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the South Miami City Commission strongly
supports Proposal 40 of the Constitution Reform Committee
authorizing local counties to divide into two or more local
school boards.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
, 1998.
s
i FPRRHR REPORTING TL "_ 1� .305 -669 -1136
WHEREAS,
may 21,32 12 :27 °.02
The City of South Miami
A RESOLUTION IN SUPPORT OF PROPOSAL 40
OF THE CONSTITUTION REFORM COMMITTEE
AUTHORIZING LOCAL MUNICIPALITIES TO
CREATE AND MAINTAIN THEIR OWN LOCAL
SCHOOL BOARDS
The children of the City of South Miami are
our future, and
WHEREAS,
Education is our most in1poE•tai1t legacy to that
future, be it
RESOLVED,
That the City of South Miaini supports
Proposal 40 of the Coustitution Refonn
Committee authorizing local municipalities
to create and maintain their own local
school boards.
Date
The Chairman Recording Secretary
s
,FRRRAR REPOIRTTNG ! ` I . JIJ -bby -? �.56 I''laU , JL
EDUCATION
Proposal No. 40
First Engrossed
Summary: Authorizes counties with more than 75,000 students to be divided into more than one
school district by a commission of county residents and upon circuit court review to ensure racial
and ethnic balance. Currently, each county constitutes one school district.
Section 1. Section 4 of Article IX of the Florida Constitution is revised by amending that
section to read:
ARTICLE IX
EDUCATION
SECTION 4. School districts; school boards.
(a) Each county shall constitute a school district; provided, two or more contiguous counties,
upon vote of the electors of each county pursuant to law, may be combined into one school districtLod
=vided fiLrt_lier t'h fit, a gg= with more than 75.000 SWA=, in the district schools within tbg cg mtv
maybe divided into two or more school districts-each wJ01 district to have no fewer than 15.000
students. as provided by law and subject .ot g9pWy 1 by a vot&of the electors of the_cou_=. In order to
ah ll be levied on a coL MZdde basis as pm dd_ed by law.
0) In each school district there shall be a school board composed of five or more members
chosen by vote of the electors for appropriately staggered terms of four years, as provided by law.
{b) The school board shall operate, control and supervise all free public schools within the
school district and determine the rate of school district taxes within the limits prescribed
herein. Two or more school districts may operate and finance joint educational programs.
VOTE: 17-10
CS for Proposal No. 157
First Engrossed
Summary: Defines "adequate provision" as it relates to education to mean "efficient, safe, secure
and high quality."
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FI—1 R R R R E_c.'01 R T T bli 1� T C 3 ID 5 — 6 9 — 6 M 621 12 : 29 F .0
CONSTITUTION REVISION COMMISSION
Committee on Education
Proposal Analysis
PROPOSAL NUMBER:
RELATING TO:
SPONSOR(S):
40
School Districts
Commissioner Marshall
ARTICLES/SECTION AFFECTED: Section 4 of Article IX of the Florida Constitution.
COMMITTEE REFERENCE:
(1) Education
(2)
I. SUMMARY:
This proposal authorizes certain counties in Florida to be divided into more than
one school district. The amendment to Section 4 of Article IX of the State Constitution
would permit a county with more than 75,000 students to be divided into more than one
school district. A general or special law would establish the conditions under which the
school district would be divided.
SUBSTANTIVE ANALYSIS:
A. PRESENT SITUATION:
Section 4 of Article IX of the State Constitution establishes each county as a
school district and provides that two or more school districts may be combined into one
school district if approved by vote of the electors of each county. Each of the Florida's 67
counties is a district. No districts have exercised the option of combining
Section 4 of Article IX of the State Constitution requires each school district to
have a school board composed of five or more members chosen by vote of the electors.
Section 5 of Article IX of the State Constitution requires each district to have a
superintendent of schools who may be appointed or elected.
Section 12 of Article VII of the State Constitution permits school districts to issue
bonds to finance or refinance capital projects if approved by vote of the electors.
,FRRRHFI RzPFIRTTNG �.i
Section 236.081,F.S., creates the Florida Education Finance Program (FEFP)
which provides equitable funding for students across the state. This program combines
state dollars and revenue from local property taxes in a formula that allocates funds to
school districts according to student population and cost of educational programs. Cost
factors for educational programs are established every year in the General Appropriations
Act. Approval of Proposal 40 will not affect this allocation in anyway.
Eight school districts reported a total of more than 75,000 students in July 1997.
Those districts are Broward, Duval, Hillsborough, Orange, Miami -Dade, Palm Beach,
Pinellas, and Poke County.
B. OTHER STATES:
Florida is only one of four states that still retains a countywide school system.
C. EFFECT OF PROPOSAL 40:
The proposed revision to Section 4 of Article IX of the State Constitution would
permit a county with 75,000 or more students to be divided into more than one school
district. The newly established school districts could have no fewer than 15, 000 students.
The proposed amendment provides for a special law to established a commission
to draw school districts boundary lines. The boundary lines would be subject to review
and approval in circuit court for compliance with applicable state and federal law.
In school districts divided according to this procedure, funding for operation and capital
outlay would be calculated on a countywide basis and allocated as provided by general
law, with the exception of miilage voted for bonded indebtedness. Each school board
could issue bonds payable from ad valorem taxation if the voters of the district approved.
Using the enrollment reported by school districts in July 1997, under the provisions of this
amendment, 97 additional school districts could be created in Florida. Miami -Dade
County Public Schools could divide into as many as 22 local school districts; Broward
could be divided into 14 districts ,Hillsborough and Palm Beach each could divide into
nine districts; Duval and Orange each could divide into eight districts; Penellas could
divided into seven districts; Polk could divide into four districts.
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f,au. �! , c L J'�r .ub
The division of a large school district into smaller districts would pose many legal
and fiscal questions including the following:
1.) What would happen to a school district under a court order for
desegregation, if the entity under the court order ceased to exist? Would one or all of the
new districts incur legal fees to redress the issue of desegregation?
2.) Would bonds, contracts, leases, certificates of participation, and other
debts be divided? Would the new districts or the state incur legal costs for redressing
these obligations?
3.) Could the buildings, buses, and auxiliary facilities of the former district be
divided in a way that would support the new districts without extra cost?
4.) Would the expansion of the administrative structure take funds away from
the classrooms if the Legislature did not appropriate additional funds for the salaries,
expenses, and support staff for new board members and new superintendents?
S.) I£ the present school districts were carved into smaller districts that were
enclaves of wealth and poverty, would the cost of equalizing the new poorer districts'
funding result in a higher cost to the state than the previous cost of equalizing funding for
the larger geographic area?
Population changes since 1990 have not been uniform across the state, across age
groups, or geographically within counties. If school districts were to be divided, the data
necessary for drawing new school districts boundaries within a uniform statewide system
would be available after the year 2000 census, in 2002. Information about population
density, racial and ethnic majorities, and relative wealth would support the task of
equitable dividing a district.
In addition, creating local school boards within, incorporated Miami -Dade County
could become an added function of the Community Councils and effectuated with little or
no additional costs to either the county or to public education.
It is important to note this proposal, if approved by the electors of the state of
Florida, will result in changing the present law requiring countywide school districts to
one of authorizing certain counties to be subdivided upon approval of the electors of that
county. Approval of this proposal will not, in and of itself, divide up any countywide
school district.
Respectfully submitted by:
David Farrar
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: March 17, 1998
FROM: Diana Morris: 071,_,1 RE: Agenda Item #
Interim City Manager Commission Meeting,
March 17, 1998
AUTHORIZATION OF CITY
MANAGER TO ENTER INTO A
CONTRACT WITH AQUAJET
INC. TO PROVIDE CANAL
MANAGEMENT SERVICES
The attached resolution seeks approval to allow the City Manager to enter into an agreement with
AquaJet Inc. to provide canal management services for the City -owned "Broad Canal" (see
attached location sketch).
This resolution is related to the resolution on the Miami -Dade County Interlocal Agreement
which is also on the 3/17 meeting agenda. The Interlocal Agreement would allow the City to
provide for the maintenance of the only canal system actually owned by the City. The other two
canal systems, the Brewer and Snapper Creek Canals, are owned by Miami -Dade County and the
South Florida Water Management District, respectively. The previous Interlocal Agreement (in
effect for the past five years) called for the County to maintain the Broad Canal.
Miami -Dade County is primarily concerned with the functional aspects of canals (i.e., the ability
to convey stormwater down- stream for flood protection). Since Dade County only "services" the
canals five times a year, aesthetic concerns such as odor from rotting algae, or floating trash and
garbage, are not adequately addressed.
The attached resolution would enable the canal maintenance to be provided by AquaJet, Inc., a
proven water management contractor. AquaJet would service the Broad Canal twice a month,
and provide significantly more services than Miami -Dade County provided. Flood protection
concerns would also be fully addressed. The attached spreadsheet summarizes the cost and
services provide by AquaJet Inc. versus Miami -.Dade County.
It should be noted that AquaJet Inca currently holds competitive bid contracts awarded from the
City of Hialeah Gardens, the City of Dania, the City of Opa- locka, Miami -Dade County, and the
University of Miami. Furthermore, AquaJet is the contractor currently maintaining the lake at
Fuch's Park. Aquaj et's performance a , this location has been excellent.
Based upon the above reasons and the attached information, it is recommended that the City
Commission approve the attached resolution.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH
s MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO ENTER INTO AN
7 AGREEMENT WITH AQUAJET INC. TO
8 PROVIDE CANAL MANAGEMENT SERVICES
9 FOR THE CITY- OWNED BROAD CANAL AT
10 COST NOT TO EXCEED $4,800 FOR THE
11 CURRENT FISCAL YEAR, AND CHARGING
12 THE DISBURSEMENT TO "STORMWATER
13 FUND CONTRACTUAL SERVICES"
14 ACCOUNT NO. 11 -1730 -541 -3450.
1s
16 WHEREAS, the maintenance of canals is essential for flood
17 protection, environmental preservation, aesthetics, and the City's image;
18
19 WHEREAS, the "health" of canals is dependent upon regular water
20 treatments, weed and algae control,': fish/wildlife monitoring, and analytical
21 testing, and;
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23 WHEREAS, the waterway management company AquaJet Inc. has
24 been approved by the City for the maintenance of Fuch's Park lake, and has
25 previously provided supplemental care for the Broad Canal, and;
26
27 WHEREAS, AquaJet Inca has been awarded an "Aquatic Weed
28 Control Services" contract with Miami -Dade County (Bid No. I133563 -1).
29
30 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
31 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1 The City Manager is hereby authorized to enter into an
34 agreement with AquaJet Inca to provide canal management services for the
35 Broad Canal, beginning May Is', 1998.
36
37 Section 2. The contract with AquaJet Inc. is not to exceed $4,800, and
38 is to be based upon the festructures established in the Dade County
39 contract No. I133563 -1.
6
1
2 PASSED AND ADOPTED this 17t' day of March, 1998.
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6 APPROVED:
s
9
10 MAYOR
11
12 ATTEST:
13
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16 CITY CLERK
17
1s
19
20 READ AND APPROVED AS TO FORM
21
22
23
24 CITY ATTORNEY
25
- _..T
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L___j
THE CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT
COST AND SERVICE ANALYSIS FOR CANAL MAINTENANCE
Table I - -Type of Service Comparison
Services
Dade County
Culvert cleaning
Yes
Chemical treatments
Yes
Border brush control
Yes
Trash removal
No
Bio- control agents
No
Fish stocking
No
Total Service Frequency
5x per year
List of Costs
Budgeted Costs
Total Yearly Vists
Cost per Service
Table 11 -- Anual Cost Comparison
Dade County
$7,400
5
$1,480 per service
AquaJet
Yes
Yes
Yes
Yes
Yes
Optional
24x per year
AquaJet
$11,460
24
$478 per service
Notes: 1) The "Cost per Service" figure is calculated by dividing the annual expenses by the
Service Frequency.
2) The service frequency of AquaJet can be decreased should one service per month
prove sufficent to maintain an acceptable level of aesthetic quality. The total yearly cost
would decrease accordingly.
SUMMARY -
While AquaJet is approximately $4,000 /year more expensive than Dade County, AquaJet provides
a wider range of services, more frequent service, and a lower average cost per service.
RECOMMENDATION
The Public Works Department recommends AquaJet, Inc.
Page 1 of 1
"A COMMUNITY OF BROTHERHOOD AND SISTERHOOD"
Robert B. Ingram, Ph.D.
Mayor
Mary E. Allen
Vice Mayor
Timothy Holmes
Commissioner
Alvin tL Miller
Commissioner
Myra L Taylor
Commissioner
January 21, 1998
Mr. Steven weinsier
Aquajet, Inc.
120 Torchwood Avenue
Plantation, Florida 33324
v t
Arlington Sands, Jr.
city Manager
Cynthia A. Everett
City Attorney
Deborah S. Irby
City Cterk
(WS) 688 -4611
Dear Mr. Weinsier:
Best wishes for the Now Year and many thanks for your years of excellent canal maintenance
services.
Our city Administration sincerely appreciates your efforts in controlling aquatic weed growth and
removing debris from our waterways_ We look forward to your continued canal maintenance
services.
Again, thanks for your support.
Sincerely,
City ar
AS/Ih
CITY HAIL • 777 SHARAZAD BOULEVARD, OPA- LOCKA, FLORIDA 33054
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
January 8, 1998
AquaJet Inc.
120 Torchwood Avenue
Plantation, FL 33324
CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1788
DANIA. FL 33004
(954) 921 -8700
To Whom It May Concern:
Flasn" Fax: 9= -6619 Growth Mons"ment Fsk: gn M7
AquaJet has been cleaning many of the lakes in Dania for the last seven years. It has
been a pleasure to work with this company because they are so professional and so
attentive to any problems that are called in to them
Their reporting methods are terrific and private citizens have informed me that they
return their calls promptly.
I have no hesitation in recommending AquaJet as your lake management company.
If you have any further questions, please feel free to call me for a "live,,
recommendation, i can be reached at (954) 921 -8700 X216
Very truly yours,
Rhona ipman
Secretary, Finance Dept.
City of Dania
0
P6
l Hialeah Gardens..,....
10001 N.W. 87th Av entw, 33015 - Phone: (305) 55"114 Fax (305) M -7165
Janlasty 81 1998
Honorable Anna Price, Mayor
City of South Mimi
6130 Sweet Drive
South Miami, FL 33143
Dear Mayor Price:
The City of Naleah Gardens has enjoyed the services of Aqua ct, Inc. to clean and Uvat. our
canals for the last two years. We have always found thew to be highly professional, responsive,
thorough... and really nice people to boot!
Speaking for the City, with the imowledge and permission of Mayor Cabrera, we would not
besitatre to recommend Aqua3et to any other mumicipality or organization that might require their
specialized services. If you or any of your Amimisuvion have auy questions about the quality
of work or the calibcr of people connected with Aqualet, please feel free to contact me at any
time. -
Sincerely,
l/
Charles E. Blazek
Catty Clerk
0
r�
UNMYSM OF
January 7, 1997
To Whom It May Concern:
Please use this document as a Letter of Recommendation for the company, Aquajet, Inc.
This company has been servicing our lake and its canal system continuously since 1991.
We have had a long business relationship with Mr. Weinsier, the President, which has
benefited the University in its desire to maintain crystal clear waters, wild life, and. the
flow of natural waterways. I believe the company to have all the expertise in this field in
concert with their licensing from the necessary water agencies. Mr. Steve Weinsier is
quite knowledgeable in this field, and is known throughout the State of Florida, as I
attend conferences and trade shows where he is frequently the quest speaker.
If I can be of any help in commenting on this company please contact me at 305-284 -
3051.
Sincerely,
Alan M. Weber
Associate Director for Contract Administration
ties AdmMWra ion
O. Box 248106
Corsi CrWe& Florida 33124 -2820
Td (305) 284=6859
Fax: ( 305) 28"298
MITIGATION AREA MANAGEMENT REPORT
CUSTOMER
La�il No��r m n�a1
❑ Low
❑ High
ACCOUNT#:
❑ Low
❑ Acid 1.7
❑ Neutral 7
WEATHER CONDITIONS
2161A Ll
A0I ✓1 n(lA
❑ Poor
MAINTENANCE
EXOTIC VEGETATION REMOVAL'
INVASIVE WEEDS & GRASSES
SUBMERSED / EMERGENT AQUATICS
FLOATINGWEEDS
TRASH/ DEBRIS REMOVAL
ADDITIONAL PLANTINGS
REMARKS: _- PlInA ^ r fail Z L
(954) 452 -0386
DATE Co —
BIOLOGIST O
MITIGATION AREA I.D.
WATER TESTING (COMBINEDAVERAGE) J
TEMPERATURE, H2O ' •F.
DISSOLVED OXYGEN 715 ppm.
pH READING XA
WATER CLARITY Y—<2
�
WATER SAMPLE TO LAB ❑ Yes NL�J o
FISH / WILDUFE HABITAT OBSERVATIONS
r7l I _ 1
Akan- na'h"rtp ,�f2n�1 ivtdQ`,t�jp <tl^
SPORT FISH
BIOLOGICAL CONTROL FISH /OTHER
BIRDS ❑ Wading ❑ Wild Ducks
Anhinga ❑ Cormorant
❑ High
La�il No��r m n�a1
❑ Low
❑ High
1; Normal
❑ Low
❑ Acid 1.7
❑ Neutral 7
�aSe 7.14
0-rood
❑ Fair
❑ Poor
❑ Test
`e.._— t__lip._ %— — /_L. --C ,I _i
Largemouth Bass BLS ream _ osquito Fish
❑ Triploid Grass Carp
Muscovies ❑ Coot ❑ Gailinule
❑ Kite ❑ Marsh Hawk ❑ Osprey
OTHER WILDLIFE
REMARKS:
�1 n ch 9.a r�'�t_�Yl- \n n.1nC if`ote,n en 1A _1'7 1 _
ENVIRONMENTAL SERVICES • FISH STOCKING • WETLAND PUNTING • FOUNTAINS & AERATION
• WEED & ALGAE CONTROL
• ENVIRONMENTAL SERVICES
• FISH STOCKING
• WETLAND PLANTING
• FOUNTAINS & AERATION
COPY,
CANAL MAINTENANCE AGREEMENT
This agreement, dated January 1, 1998, is made between AQUAJET, INC.
(AJI) and CUSTOMER:
City of South Miami
Department of Public Works
4795 S.W. 75th Avenue
South Miami, Florida 33155 (305) 663 -6350
(305) 261 -3791 Fax
Both Customer and AJI agree to the following terms and conditions:
1. AJI will provide aquatic management services on behalf of the
customer in accordance with the terms and conditions of this
agreement at the following aquatic site(s):
Broad Canal System consisting of three (3) segments (15,070 total
linear foot perimeter) located in the City of South Miami - map
attached.
2. Customer agrees to pay AJI the following amount(s) during the term
of this agreement for these specific waterway management services:
Algae And Aquatic Plant Control $955.00 / monthly
Border Grass And Brush Control
Water Testing
Casual Trash Pick-Up (Monthly)
Fish Stocking (Bass and Bream)
Biological Control Agent Permit Applications
Triploid Grass Carp, Mosquito Fish
Management Reporting
Included
Included
Included
Optional
Included*
Included
24 treatments per year.
* Triploid grass carp stocking subject to required approval of Florida
Game and Fresh Water Fish Commission.
0
6
120 TORCFAVOOD AVENUE • PLANTATION, FLORIDA 33324 • (954) 452 -0386 • FAX (954) 452.038;
CANAL MAINTENANCE AGREEMENT
Page 2
3. Schedule of payment: First month's payment shall be due and
payable upon execution of this agreement; the balance shall be
payable in advance in equal monthly installments.
4. The offer contained in this agreement is valid for thirty (30) days
only and must be returned to our offices for acceptance within that
period.
5. AJI agrees to use only products that have been shown to present a
wide margin of safety for Florida fish and wildlife.
6. This agreement may be terminated by either party with thirty (30)
days written notice. Notification must be sent by certified
mail, return receipt requested, to AQUAJET, INC., 120 Torchwood
Avenue, Plantation, Florida 33324. CUSTOMER agrees to pay for
all services rendered by AJI to date of termination of contract.
AJI reserves the right, under special circumstances, to initiate
surcharges relating to extraordinary price increases of water
treatment products.
7.
FISH STOCKING:
Annual Spring
Fish Stocking optional.
8.
Addendums: See
attached map,'
survey and report (where applicable).
A. Water testing and monitoring as necessary for the success of
the aquatic weed control' program is included.
B. Except as noted, additional work as requested by customer such
as physical cutting and /or,plant removal and other manual
maintenance may be performed by our staff. Extra service work
will be invoiced separately at our current hourly equipment
and labor rates.
C. Care for aquatic sanctuary areas and littoral shelves planted
with sensitive aquatic flora is not included herein.
D. Trash will be defined as paper cups, bottles, cans and other
debris not normally found in the waterway. We are not
equipped to remove large construction items and refuse that is
not easily handled by our small boat equipment. City will
pick -up and remove collected trash. Special trash removal
activities caused by storms, flooding, illegal dumping or
other unusual circumstances, will be considered extra service
work, and will be invoiced in addition to regular maintenance.
All extra service work will be pre-approved by the City.
E. Care proposed in this contract is for maintenance control of
aquatic growth and will not eradicate all weeds in the water.
0
P-4,
Page 3
9. Insurance Certificate enclosed.
10. This agreement constitutes the entire agreement of AJI and the
CUSTOMER. No oral or written alterations of the terms contained
herein shall be deemed valid unless made in writing and accepted
by an authorized agent of both AJI and CUSTOMER.
AQUAJET, INC. CUSTOMER
DATE
csmcont2:
E
TO:
FROM:
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Mayor and Commission DATE:
March 17, 1998
Diana Morris RE:
Agenda Item #
g
Interim City Manager
Commission Meeting,
March 17, 1998
AUTHORIZATION OF CITY
MANAGER TO SIGN AN
1NTERLOCAL AGREEMENT TO
RENEW THE STORMWATER
UTILITY PROGRAM
The attached resolution seeks approval to allow the City Manager to sign an Interlocal
Stormwater Utility Agreement with Miami -Dade County. The current Interlocal Agreement
expires on April 28, 1998, and therefore it must be renewed; the agreement was enacted in April
of 1993 with a five year term.
The Interlocal Agreement essentially does three things. First, it provides for the generation of a
stormwater "user fee" collected through the Miami -Dade Water & Sewer Department billing
system. Second, from the Stormwater User Fee revenues, the canal systems within the City are
"maintained" by the County. Lastly, the excess revenue (that which is not spent on
administration and canal maintenance) is returned to the City as the Stormwater Utility Fund.
The current agreement provides for the maintenance for both the County - owned Brewer Canal
and the City -owned Broad Canal. The Broad Canal was included in the 1993 agreement at the
request of the City. However, the attached Interlocal Agreement renews all the terms and
conditions of the pervious agreement with the one important exception. The maintenance of the
City -owned Broad Canal is being returned to the City. A separate resolution in the 3/17 agenda
provides a maintenance contractor for the City -owned Broad Canal
The Agreement was re- negotiated so that the City would re- assume maintenance responsibility
for the Broad Canal in order to improve the aesthetic quality of this canal. Miami -Dade County
was approached with the idea of having both the Broad Canal and the County -owned Brewer
Canal maintained by the City through a private contractor, but the County refused this offer.
It is therefore recommended that the City Commission approve the attached resolution.
Attachments
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
30
31
32
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43
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, .AUTHORIZING THE CITY
MANAGER TO SIGN AN INTERLOCAL
AGREEMENT TO RENEW THE
STORMWATER UTILITY PROGRAM.
WHEREAS, the five year term Interlocal Stormwater Utility
Agreement between ` the City of South Miami and Miami -Dade County
expires on April 28, 1998, and;
WHEREAS, the Interlocal Agreement establishes the Stormwater
User Fee Fund with which the City can implement stormwater drainage
Capital Improvement Programs, and;
WHEREAS, the Interlocal Agreement provides for the maintenance
of the County -owned Brewer Canal which flows within the City limits; and,
WHEREAS, the re- negotiated terms of the Interlocal Agreement
would allow the City to maintain the City -owned Broad Canal, thereby
improving service quality.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to sign the
Interlocal Agreement.
Section 2. This resolution shall become effective immediately after
adoption hereof.
PASSED AND ADOPTED this 17 °a day of March, 1998.
N
APPROVED:
MAYOR /�
c
1
2
3
4
s ATTEST:
6
7
8
9 CITY CLERK
10
11
12
13 READ AND APPROVED AS TO FORM:
14
15-
16
17 CITY ATTORNEY
18
19
METROPOLITAN DADE COUNTY, FLORIDA
METRODADE
E
ENVIRONMENTAL RESOURCES MANAGEMENT
WATER MANAGEMENT DIVISION
$TORMWATER UTILITY SECTION
33 S.W. 2nd AVENUE, SUITE 200
MIAMI, FLORIDA 33130 -1540
March 3, 1998 (305) 372 -6656
Mr. Fernando Rodriguez
Director of Public Works
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Agreement to renew existing Interlocal Agreement
Dear Mr. Rodriguez:
Enclosed please find two originals of the Stormwater Utility Agreement to Renew Existing
Interlocal Agreement Between The City of South Miami, Florida and Miami -Dade County.
Please execute the Agreement in two originals and advise when they have been signed. We will
send someone to pick them up. These two originals are needed now to form part of the
resolution scheduled for consideration by he Miami -Dade County Board of County
Commissioners meeting of April 21, 1998.
Do not hesitate to call me at 372 -6664 if you have any question regarding this Agreement
Sincerely,
Arturo A. Rodriguez, P. ., C 'ef
Stormwater Utility Section
AAR/ar
Encl.: Agreement in two originals (3 pages each - total pages)
r.. .ms's. ... z�.- .'°".','.'T ^�.='
STORMWATER UTILITY
AGREEMENT TO RENEW EXISTING INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND
MIAMI -DADE COUNTY
This Agreement, entered into on , to renew that Interlocal
Agreement (hereinafter the "AGREEMENT ") between the City of South Miami, Florida
(hereinafter sometimes referred to as "CITY ") and Miami -Dade County Stormwater
Utility (hereinafter sometimes referred to as "UTILITY ") entered into the 27th day of
April 1993.
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be renewed upon mutual written consent of
the parties; and
WHEREAS, the parties wish to renew the AGREEMENT for at least one
additional one year and up to a period of five years;
WHEREAS, the parties wish to replace the existing ATTACHMENT B -
SCHEDULE OF CANAL MAINTENANCE ACTIVITIES with an upgraded schedule
reflecting the corresponding level of maintenance services to be provided by the
UTILITY, as represented by the REVISED ATTACHMENT B - SCHEDULE OF
CANAL MAINTENANCE ACTIVITIES, attached herein and made a part hereof,
NOW THEREFORE, the CITY and the UTILITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The expiration date of the AGREEMENT is hereby extended to April 27, 2003.
2. The REVISED ATTACHMENT B - SCHEDULE OF CANAL MAINTENANCE
ACTIVITIES replaces the existing ATTACHMENT B - SCHEDULE OF CANAL
MAINTENANCE ACTIVITIES in the Interlocal Agreement.
3. All other terms and conditions of the AGREEMENT, as renewed, remain
unchanged.
AAR=VO2- 18 -98(sm
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this renewal of the AGREEMENT with an effective date of April 27, 1998.
Attest: CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, FL 33143
Authorized signature on behalf of the City of South
City Clerk Dated Miami, Florida
By:
Diana Morris Dated
Interim City Manager
MIAMI -DADE COUNTY, FLORIDA
By:
Title: Armando Vidal, P.E.
County Manager
for the Board of County Commissioners,
Miami Dade County, Florida, as Governing
Body of the Stormwater Utility
Metro -Dade Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk Dated
AAR:n1d03- 05- 98/ <ni
I
STORMWATER UTILITY
AGREEMENT TO RENEW EXISTING INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND
MIAMI -DADE COUNTY
This Agreement, entered into on , to renew that Interlocal
Agreement (hereinafter the "AGREEMENT"') between the City of South Miami, Florida
(hereinafter sometimes referred to as "CITY ") and Miami -Dade County Stormwater
Utility (hereinafter sometimes referred to as "UTILITY ") entered into the 27th day of
April 1993.
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be renewed upon mutual written consent of
the parties; and
WHEREAS, the parties wish to renew the AGREEMENT for at least one
additional one year and up to a period of five years;
WHEREAS, the parties wish to replace the existing ATTACHMENT B
SCHEDULE OF CANAL MAINTENANCE ACTIVITIES with an upgraded schedule
reflecting the corresponding level of maintenance services to be provided by the
UTILITY, as represented by the REVISED ATTACHMENT B - SCHEDULE OF
CANAL MAINTENANCE ACTIVITIES, attached herein and made a part hereof;
NOW THEREFORE, the CITY and the UTILITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The expiration date of the AGREEMENT is hereby extended to April 27, 2003.
2. The REVISED ATTACHMENT B - SCHEDULE OF CANAL MAINTENANCE
ACTIVITIES replaces the existing ATTACHMENT B - SCHEDULE OF CANAL
MAINTENANCE ACTIVITIES in the Interlocal Agreement.
3. All other terms and conditions of the AGREEMENT, as renewed, remain
unchanged.
AARak/02-I8 -98 /sm
REVISED ATTACHMENT B
SCHEDULE OF CANAL MAINTENANCE ACTIVITIES
L City Responsibilities
The CITY has requested that the UTILITY not perform maintenance on the
CITY owned Broad Canal. The CITY will provide the necessary maintenance for Broad
Canal at a level previously performed or above those previously performed by the
UTILITY. In the Ludlum Glades Canal, the CITY will perform all the above water
treatment and tree trimming as necessary to maintain the canal, which was previously
performed by the UTILITY.
The CITY agrees to pay, the UTILITY its corresponding maintenance costs of the
Ludlum Glades Canal. Further maintenance costs will be subject to annual review during
the UTILITY's budget process and shall be set at the costs approved in such process.
Any changes in maintenance costs will be presented to the City of South Miami before the
end of the month of April annually during the term of this Agreement. The CITY, at its
option, may request additional maintenance services above the recommended level listed in
Section II below.
Culvert Cleaning
Below Water-
Chemical Treatment-
SW 80 -56 St.
$13,500 /cleaning event
$ 5,300 /treatment
Obstruction Removal- $ 4,600 /removal
H. Utility Responsibilities
SW 56 -52 St.
$3,700 /cleaning event
$ 400 /treatment
$1,900 /removal
The UTILITY agrees to provide certain canal maintenance services for Ludlum
Glades Canal within the boundaries of the CITY as described in this Attachment `B ". The
types of service and service levels are defined below:
Culvert Cleaning
Below Water-
Chemical Treatment-
Obstruction Removal-
SW 80 -56 St.
1 cleaning event per year
4 times /year
4 times /year
SW 56 -52 St.
1 cleaning event per year
4 times /year
2 times /year
Should the UTILITY not perform to the level of services indicted above, the CITY will
receive an adjustment to its costs in the next year of the Agreement.
AARmk/03- 02 -98 /s
u
STORMWATER_UTILITY
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI, FLORIDA
AND
METROPOLITAN DADE COUNTY
STORMWATER UTILITY
iIETF,G�r�. -TA.N DADE COUNTY
J
�.rl::: ~312STREET, SliI':p 1 J10
INTERLOCAL AGREEMENT FOR
STORMWATER MANAGEMENT
THIS INTERLOCAL AGREEMENT, [hereinafter the "Agremen -. ] by and
between the Metropolitan Dade County Stormwater Utility,_ a public
body corporate and politic, through its governing body, the Board of
County Commissioners of Dade County, Florida [hereinafter 3cmetimes
referred to as "UTILITY",] and the City of South Miami, a Dolitical
subdivision of the State of Florida, [hereinafter sometimes" referred
to as "CITY ", ] is entered into this day of
1993.
WITNESSETH
WHEREAS, Section 403.0893, Florida Statutes, authorizes the
establishment of stormwater utilities for construction, op- gyration,
and maintenance of stormwater management systems, to collect, convey,
store, absorb, inhibit, treat, use, or reuse water, prevent o- reduce
flooding, overdrainage, environmental degradation and water
pollution; and
WHEREAS, the Board of County Commissioners Metropolitan Df Dade
County, did, by adoption of Dade County Ordinances No. 91 -56 and
Ordinance No. 91 -120, as amended by Ordinance Nos. 92-44 and 92 -86,
create a stormwater utility [hereinafter referred to as the
"UTILITY ",] within the unincorporated area of the UTILITY, anc_ which
UTILITY may, operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, t_zrough
this Agreement, to establish relationships and responsibiliti:s for
planning, control, operation, construction, maintenance repai_, and
enhancement of stormwater systems located within the limits �,f the
CITY.
_Now, therefore, in consideration of the mutual promise: and
covenants contained herein and the mutual benefits to be derives: from
this Agreement, the parties hereto agree as follows:
ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the
following purposes:
) to protect and promote 'the public health, safer_✓, and
generate welfare through the management of stormwater run -off;
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(2) to maintain and improve _water quality and preserve and
enhance the environmental quality of the receiving waters;
(3) to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and
causing the collapse of banks of waterways, which results in
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants
and animals;
(6) to promote; intergovernmental cooperation in effectively and
efficiently managing stormwater run -off;
(7) to plan for stormwater management, including scheduling and
conducting basin master planning studies and development of
stormwater management capital improvement programs; and
(8) to provide for collection of stormwater utility revenue,
and verified allocation of funds for authorized expenses.
ARTICLE'II
DEFINITIONS
Agreement shall mean this document, including any written.
amendments 5ereto, the attachments, and other written documents which
are expressly incorporated herein by reference.
Basin Master. Plan shall mean a plan developed to identify
the facilities, programs, and management necessary for comprehensive
control, treatment, and use of stormwater in a specified drainage
basin.
Drainacre Basin shall mean a designated subdivision of a
watershed.
Equivalent Residential Unit (sometimes hereinafter referred
to as "ERU ") shall mean the statistically estimated average
horizontal impervious area of residential developed property per
dwelling unit. This estimated average is calculated by dividing the
total estimated impervious area of four residential categories, to
wit, single family, mobile home, multifamily and condominium, by the
estimated 'total number of residential dwelling units. For the
purposes of the stormwater utility each dwelling unit, to wit, single
family residence, mobile home, multifamily, or condominium, is
ass_gned one ERU.
Fiscal Year shall mean the period beginning on_OctoCler l
ant ending on September 30.
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Force Ma'eure shall mean an act of God, epidemic,
lightning, east quake, fire, explosion, hurricane, flood or similar
occurrence, strike, an act of a public enemy, or blockade,
insurrection, riot, general arrest or restraint of government and
people, civil disturbance or similar occurrence, which has had or may
reasonably be expected to have a material adverse effect on the
rights or obligations under this Agreement, and which, by the
exercise of due diligence, such parties shall not have been able to
avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of Subcontractors,
third -party contractors, materialmen, suppliers, or their
subcontractors, unless such acts or omissions are otherwise
encompassed by the definition set forth above.
In -CITY Revenue shall mean the revenue obtained by the
UTILITY from parcels or portions of parcels located within the CITY
limits through utility user fees.
Malor stormwater s stem shall mean a stormwater management
system identified on the maps indicated in Attachment "A" and "B
including public retention, detention, and exfiltration facilities.
Watershed shall mean a region draining into a river, river
system, or otFier body of water.
In addition to the above definitions, terms defined in
Metropolitan Dade County Ordinances No. 91 -66 and No. 91 -120,
codified in the Code of Metropolitan Dade County as Chapter 24,
Article IV of the Metropolitan Dade County Environmental Protection
Ordinance as amended from time to time, shall have the meanings
ascribed to them therein.
ARTICLE III
TERM
Initial Term
The initial term of this Agreement shall be for a period of five
(5) years beginning on the date of execution by both parties hereto,
provided, however, either party may terminate this Agreement without
cause prior to the expiration date upon one (1) year advance written
notice to the other party of such termination. In the event that the
CITY terminates this Agreement upon one year's notice without
cause,the CITY shall create and implement a stormwater utility in
accordance with Ordinance No. 91 -66 and shall, within thirty (30)
days of the effective date of termination, pay the UTILITY all
UTILITY costs allocable to the CITY.
Option ro Renew
Upon mutual written consent of t::e parties, this 4.greement may
,e extended for five (5) additional terms of five (5) years each.
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ARTICLE IV
CITY RESPONSIBILITIES
A. Upon the UTILITY's request, the CITY shall share information
with the UTILITY in matters of flood control, surface water quality,
public works construction programs land use and zoning
classifications, and other activities relating to stormwater
management systems.
B. The CITY shall provide notice to the UTILITY, as 'provided
herein, designating the project manager responsible for implementing
the tasks and responsibilities set forth herein. The CITY shall
promptly notify the UTILITY of any change in the project manager
designation by notice as specified in this Agreement.
C. For each UTILITY fiscal year, a CITY stormwater utility
budget will be developed by the CITY, subject to approval by
the UTILITY. The UTILITY - approved CITY stormwater utility budget
will define the annual administration, operation and maintenance,
planning, engineering, local drainage construction costs, capital
improvement expenses allocable to the CITY. Said budget shall be
submitted to the UTILITY no later than March 1st of each calendar
year.
D The total revenue allocated to the CITY, as determined
above, shall be equal to the in -CITY revenue collected during that
fiscal year (October 1 - September 30) less applicable UTILITY costs.
E. The CITY will develop a master plan for all of the drainage
basins, subdrainage basins or fractional drainage basins within the
geographical boundaries of the CITY. The basin master plan ,developed
by the CITY shall be similar to and in conformance with the criteria,
specifications, format and content of the basin master plan developed
by the UTILITY for the unincorporated areas.
F The CITY agrees that the UTILITY shall withhold quarterly as
part of utility costs as set forth: in IV(D) above, monies as payment
for maintenance of the Ludlam Glades Canal as described in Attachment
"B of this Agreement. Maintenance costs will be subject to annual
review during the County's budget 'process and shall be incorporated
in the CITY's annual stormwater utility budget. Any changes in
maintenance costs will be presented to the CITY before the end of the
month of April during the term of the agreement at which time, the
CITY shall have thirty days from date of receipt of such notice
within which to give the UTILITY notice if the CITY elects not to
continue to receive maintenance services as described in Attachment
"Bt
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G. The CITY shall provide to the UTILITY annually by February
15th, or at such other time as is mutually agreed upon, a list of
stormwater capital improvement projects and local drainage projects
it proposes to be included in the next fiscal year stormwater utility
budget. The CITY shall provide a general description, of, the
justification for, and the priority of each project proposed.
Capital projects within the CITY such as roadway improvement or
bridge construction whose primary purpose is not for stormwater
management cannot be funded by the stormwater utility.
H. The CITY shall pay the UTILITY the actual cost for the
development and implementation of the UTILITY within the CITY. The
CITY shall be responsible for CITY administration, staffing and
management of the UTILITY within CITY geographical limits. The costs
set forth in this paragraph IV(H) shall be incorporated in the CITY's
annual stormwater utility budget'.
I. The CITY shall pay the UTILITY's cost for producing, mailing
and collecting the in -CITY Stormwater User Fee bills and maintaining
the in -CITY Stormwater utility revenue billing system. The costs set
forth in this paragraph IV(I) shall be incorporated in the CITY's
annual stormwater utility budged.
J. The CITY shall develop a rolling, five (5) year Stormwater
Master Planning Program which shall be annually updated and which
shall be submitted to the UTILITY for review and approval.
K. Annually, the CITY shall perform a financial, audit of funds
received and expenditures of the UTILITY within the CITY to determine
compliance with the requirements of the Agreement, and shall provide
a copy of the audit report to the UTILITY at a mutually agreed upon
date after the completion of the audit.
ARTICLE V
UTILITY RESPONSIBILITIES
A. The UTILITY has established, and shall maintain in effect, a
Stormwater Utility. The UTILITY is responsible for UTILITY
administration, staffing and management of the UTILITY.
B. The UTILITY shall develop and manage a Stormwater Master
Planning Program in the unincorporated areas, a copy of which shall
e provided to the CITY for the purpose of developing the CITY master
plan.
C. The UTILITY shall provide notice to the CITY as provided
:-:erein, designating the Project Manager responsible for implementing
the tasks and resccnsibilities set forth herein. The UTILITY shall
crompc_, notif. -fie CITY of any change in the Project Manager
designation by notice as specified in this Agreement.
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D. The UTILITY shall review the CITY's annual stormwater
utility budget proposal and shall provide to the CITY, during the
month of April, or at such other time as is mutually agreed upon, a
written response thereto. The annual budget shall be consistent with
the prioritization of projects established by the master plan after
said plan is approved by the UTILIITY.-
E. The UTILITY shall provide the CITY information on UTILITY
modifications or additions to stormwater management systems that may
interrelate with or affect the CITY stormwater management system.
The UTILITY will be responsible for operation and maintenance of
those major stormwater facilities located within the CITY which are
identified on the UTILITY stormwater maintenance maps listed in
Attachment "B ", which is incorporated herein by reference. The
UTILITY shall update the maintenance maps as changes occur.
F. The UTILITY agrees to provide canal maintenance services for
Ludlam Glades Canal ( within the boundaries of the CITY) as described
in Attachment "B
At the CITY's option, these service levels may be increased as
described in Attachment "B" of this Agreement
G. The UTILITY shall review the CITY's rolling five (5) year
Stormwater Master Planning Program- and approve or reject in writing
the program. If the UTILITY rejects the program, the UTILITY shall
provide specific reasons for rejection and the CITY shall modify and
resubmit the program within thirty (30) days
H. The UTILITY shall be responsible for operating and
maintaining the Stormwater User Fee billing system for the collection
of in -CITY Stormwater revenue. The UTILITY shall be responsible for
answering all inquiries and administering the appeals process
regarding the in -CITY Stormwater Utility User Fee customer accounts.
The UTILITY shall remit to the 'CITY "the total revenue allocated to
the CITY as defined in Article IV(D) above.
I. The UTILITY shall remit to the CITY on .a quarterly basis the
actual in -CITY revenue collected` by the UTILITY in the preceding
quarter minus the UTILITY costs (as identified in Article IV above).
This remittance shall take place ,within forty -five (45) days after
the end of the quarter during which the in -CITY revenue was
collected.
ARTICLE VI
RATES
The rate per ERU to be collected within the CITY geographical
tioun dar,, :n a given year shall be established concurrently with the
stormwater budget process and shall_ be calculated as the number
erived by dividing the CITY's proposed stormwater budget
expenditures by the total umber of ERU's located within the CITY.
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ARTICLE _VII
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry
out its obligations under the Agreement dur =_ng any period when such
party is rendered unable, in whole or in pert, by Force Majeure to
carry out such obligations, but the obligati.)ns of the party relying
on such Force Majeure shall be suspended only during the continuance
of any inability so caused and for no longer period 'of said
unexpected or uncontrollable event and such cause shall, so far as
possible, be remedied with all reasonable disl:atch.
It is further agreed and stipulated that the 'right of any party
hereto to excuse its failure to perform by reason of Force Majeure
shall be conditioned upon such party giving. to the other party,
written notice of its assertion that a Fo ° -ce Majeure delay has
commenced within ten (10) working days after such commencement,
unless there exists good *cause 'for failure t(- jive such notice, in
which event, failure to 'give such notice sh:_:l' not prejudice any
party's right to justify any non- performance- as caused by Force
Majeure unless the failure to give timely n.)tice causes material
prejudice to the other party.
ARTICLE VIII
DEFAULT
CITY Event of Default
Without limitation, the failure by the CTY to substantially
fulfill any of its material obligations in a:cordance with this
Agreement, unless such failures are justified by ?orce Majeure, shall
constitute a "CITY event of default ".
If a CITY event of default should occur, the UTILITY shall have
all of `he following rights and remedies which it may exercise singly
or in combination:
1. The right to declare that this Agreement together with all
rights granted to CITY thereunder are terminated, •-- fffective upon such
date as is designated by the UTILITY;
2. Any and all rights provided under federal laws and the laws
of the State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially
fulfill any of its material obligations in acco dance with this
`.greement, unless such failures are justified by Fore Majeure, shall
constitute a " UTILITY event of default ".
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If a UTILITY event of default should occur, the CITY shall have
all of the following rights and remedies which it may exercise singly
or in combination:
1. The right to declare that this Agreement together with all
rights granted to UTILITY thereunder are terminated, effective upon
such date as is designated by the CITY;
2. Any and all rights provided under federal laws and*the laws
of the State of Florida.
ARTICLE IX
GOVERNING LAW
This Agreement shall be governed by and construed -in accordance
with the laws of the State of Florida The UTILITY and the CITY
agree to submit to service of process and jurisdiction of the State
of Florida for any controversy or claim arising out of or relating to
this Agreement or a breach of this Agreement. Venue for any court
action between the parties for any such controversy arising from or
related to this Agreement shall be in the Eleventh Judicial Circuit
in and for Dade County, Florida, or in the United States District
Court for the Southern District of Florida, in Dade County, Florida.
ARTICLE X
ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained herein. The parties agree that
there are no commitments, agreements, or understandings concerning
the subject matter of this Agreement that are not contained in this
Agreement, and that this Agreement contains the entire agreement
between the parties as to matters contained herein. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or
written. It is further agreed that any oral representations or
modifications concerning this Agreement shall be of no force or
effect,, and that this Agreement may be modified, altered or amended
only by a written amendment duly executed by both parties hereto or
their authorized representatives.
ARTICLE XI
HEADINGS
Captions and headings in this Agreement are for ease of
ref .r_rcG -:ply and do not constitute a part of this Agreement and
shall not affect the meaning or interpretation of any provisions
herei:^'
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ARTICLE XII
RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to
confer upon any person other than the parties hereto any rights or
remedies under or by ,reasons of this Agreement.
ARTICLE XIII
REPRESENTATION OF CITY
The CITY represents that (I) this Agreement has been duly
authorized, executed and delivered by the City of South Miami
Commission, as the governing body of the CITY,. and (II) it has the
required power and authority to perform this 'Agreement
ARTICLE XIV
REPRESENTATION OF UTILITY
The UTILITY represents that (I) this Agreement has been duly
authorized, executed and delivered by the Board of County
Commissioners, as the governing body of the UTILITY, and (II) it has
the required power and authority to perform this Agreement.
ARTICLE XV
WAIVER
There shall be no waiver of any right related to this Agreement
unless in writing signed by the party waiving such right. No delay
or failure to exercise a right under this Agreement shall impair such
right or shall be construed to be a waiver thereof. Any waiver', shall
be limited to the particular right so waived and shall not be 'deemed
a waiver of the same right at a later time, or of any other right
under this Agreement.
ARTICLE XVI
INVALIDITY OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of the Agreement shall be
interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining
provisions of this Agreement, provided that the material purposes of
this Agreement can be determined and effectuated.
Nk 10
ARTICLE XVII
INDEPENDENT CONTRACTOR
CITY shall perform all work and services described herein as an
independent contractor and not as an officer, agent, servant, or
employee of the UTILITY. CITY shall have control of the work
performed hereunder in accordance with the term of this 'Agreement and
of all persons performing the same, and CITY shall be responsible for
the acts and omissions of its officers, agents, employees,
contractors, and subcontractors, if any.
Nothing herein shall be construed as creating a partnership or
joint venture between the UTILITY and the CITY. No person performing
any of the work or services described hereunder shall be considered
an officer, agent, servant or employee of the UTILITY, nor shall any
such person be entitled to any 'benefits available or granted to
employees of UTILITY.
ARTICLE XVIII
INDEMNIFICATION
To the extent permitted by law, each party agrees to indemnify,
defend and save harmless the other, their appointed boards and
commissions, officials, officers, employees, individually and
collectively from all losses, claims, suits, demands, expenses,
subrogations, or actions of any _kind resulting from all personal,
injury including bodily injury and death, and property damage
occasioned during the term of this Agreement for its own acts or
omissions arising out of, because of, or due to the execution or
performance of the terms of this interlocal Agreement. However, the
parties do not, and shall not be deemed to have given any
indemnification for damages arising out of injury or damage to
persons or property caused by or resulting from the negligence of the
other party hereto or any of its officers, agents, or employees, if
applicable.
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IN WITNESS WHEREOF, the CITY and UTILITY have hereto set their hands
and seals on the day and year indicated below.
n
CITY ;i '�� i i7.
-`; -�" `�
BY
ayor
ATTEST:
i
-"� Date signed by the City
1,�- r' • C "� !, C: _
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
APPROVED BY DADE- COUNTY ATTORNEY AS
TO FORM AND LEGAL SUFFICIENCY. 771
BOARD OF COUNTY COMMISSIONERS,
DADE COUNTY, FLORIDA, AS GOVERNING
BOARD
THE STORMWATER UTILITY
ATTEST: 2 %1 / y%
Date Signed by the UTILITY • L`f' `
(- J�� ,
Clerk of the
�-Ircuit Court, Ex- Officio Clerk
of the Board of County Commissioners
Dade County, Florida
BY .
Deputy Clerk
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
From: Dianal Morris
Interim City Manager
Date: March 13. 1998
Re: Purchase of Radar Controlled if
Speed Sign and Two Pro Laser II
(hand held or mounted speed measuring devices)
Vehicular Speed Reduction Program
The City of South Miami Police Department requests to purchase a radar controlled
vehicle speed sign and two Pro Laser II (speed measuring devices) for anew Vehicle
Speed Reduction, program. This program is designed to reduce the number of drivers
who exceed the posted speeds on the roadways of the City of South Miami.
The Radar Controlled Sign is a mobile unit and would be set up in various locations
around the city where speeding is a problem. The unit would be used to inform vehicle
drivers of their speed. The unit will have a sign indicating the posted speed for the
roadway. The units radar will determine the speed of the approaching vehicles. The
unit will display the vehicles speed. The drivers will be able to see the speed they are
traveling, and those drivers who are speeding will reduce their speed. The unit also can
provide a record of the number of vehicles that pass during a set time and the vehicle's
speed.
The two Pro Laser II units are vehicular speed measuring devices. They will be used by
the Police Officers in conjunction with the Radar Controlled Sign to enforce the posted
speed for our Vehicle Speed Reduction Program.
Individual cost of requested equipment:
1. Radar Controlled Vehicle Speed Sign - $14,665.00
2. Two Pro Laser II (handheld speed measuring devices) - $7,490.00
The cost and delivery of the Radar Controlled Vehicle Speed Sign and Two Pro Laser II
speed measuring devices will not exceed $22,500.00.
The equipment can be purchased fromKustom Signals, Inc. under Miami -Dade County
bid number 51302/98 -1. Funds to purchase the above items and the overtime funds
requested will be taken from the Federal Forfeiture account number 001- 0000 -131-
1500.
I recommend approval of this expenditure.
r. C w �, is .f' a. ., a�ii _ iL. '�— a-'�F� .r - -�-••—
City of South Miami
Police Department
INTER - OFFICE MEMORANDUM
To: Ms. Diana Morris, Acting City Manager
From: Cokes a Chief of Police
Date: March 12, 19 8
Subject: Purchase of Radar Controlled Speed Sign and two Pro Laser II (hand held
or mounted speed measuring devices)
Re: Vehicular Speed Reduction Program
The City of South Miami Police Department requests to purchase a radar controlled
vehicle speed sign and two Pro Laser II (speed measuring devices) for a new Vehicle
Speed Reduction program. This program is designed to reduce the number of drivers
who exceed the posted speeds on the roadways of the City of South Miami.
The Radar Controlled Sign is a mobile unit and would be set up in various locations
around the city where speeding is _a problem. The unit would be used to inform vehicle
drivers of their speed. The unit will have a sign indicating the posted speed for the
roadway. The units radar will determine the speed of the approaching vehicles. The
unit will display the vehicles speed. The drivers will be able to see the speed they are
traveling, and those drivers who are speeding will reduce their speed. The unit also can
provide a record of the number of vehicles that pass during a set time and the vehicle's
speed.
The two Pro Laser II units are vehicular speed measuring devices. They will be used by
the Police Officers in conjunction with the Radar Controlled Sign to enforce the posted
speed for our Vehicle Speed Reduction Program.
Individual cost of requested equipment:
1. Radar Controlled Vehicle Speed Sign - $14,665.00
2. Two Pro Laser II (handheld s ed measuring devices) - $7,490.00
? oll
Al
The cost and delivery of the Radar Controlled Vehicle Speed Sign and Two Pro Laser II
speed measuring devices will not exceed $22,500.00.
The equipment can be purchased from Kustom Signals, Inc. under Miami -Dade County
bid number 51302/98 -1. Funds to purchase the above items and the overtime funds
requested will be taken from the Federal Forfeiture account number 001- 0000 -131-
1500.
I recommend approval of this expenditure.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA
AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED ` $22,500.00 TO KUSTOM SIGNALS, INC. FOR THE
PURCHASE OF ONE RADAR CONTROLLED VEHICLE SPEED SIGN AND
TWO PRO LASER IL SPEED GUNS, AND CHARGE THE FUNDS TO
ACCOUNT NUMBER 01- 0000- 131 -1500, FEDERAL FORFEITURE FUNDS
FOR A THE VEHICULAR SPEED REDUCTION PROGRAM.
WHEREAS, the Police Department is purchasing a radar controlled vehicle speed
sign that will indicate the speed of approaching vehicles, and display the speed to the driver.
Drivers seeing they are exceeding the posted speed will reduce their speed.
WHEREAS, the sign is mobile and can be moved to any roadway in the city where
there is a problem with vehicles exceeding the posted speed.
WHEREAS, the pro laser speed guns will be used by police officer to enforce the
posted speed on the roadways of the City of South Miami.
WHEREAS, this vehicle speed reduction program will reduce the number of drivers
who exceed the posted speed on the roadways of the City of South Miami.
WHEREAS, Kustom Signals, Inc is a sole source provider for the radar controlled
sign and two pro laser speed guns (under Miami -Dade County contract bid 51302/98 -1), for
$22,155.00 and shipping for a sum not to exceed $22,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA
Section 1. That the City Manager is authorized to disburse a sum not to exceed
$22,500.00 to Kustom Signals, Inc. from the Federal Forfeiture account 001-0000-131-1500.
Section 2. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTE)is day of , 1998.
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APPROVED:
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MAYOR
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ATTEST:
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CITY CLERK
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READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
SOUTH MIAMI POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: March 11, 1998
FROM: Diana Morris- 6101 M_ Res Agenda Item #
Interim City Manager Comm. Mtg. 03/17/98
P.A.L. Program Funding
The Police Department has received application approval from Miami-
Dade County Department of Human Services for funding of the South
Miami Police Athletic League (P.A.L.).
The grant provides $5,092.00 of federal funds with the City
providing - $1,697.00 in matching funds from the Police Forfeiture
Account.
Establishment of this P.A.L. program furthers the Police
Department's commitment to the community policing concept by
increasing interaction between the Police and the citizenry.
I recommend approval of the resolution.
DM /esw
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8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
9 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
10 THE CITY MANAGER TO ACCEPT FEDERAL FUNDS FROM THE
11 DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT
12 PROGRAM COORDINATED BY THE MIAMI -DADE COUNTY DEPART-
13 MENT OF HUMAN SERVICES IN THE AMOUNT OF $5,092.00
14 AUTHORIZING THE USE OF $1,697.00 IN FEDERAL FORFEIT
15 URE FUNDS AS REQUIRED FOR THE 2501 MATCH FOR THE SOUTH
16 MIAMI POLICE ATHLETIC LEAGUE UNDER THE COMMUNITY DRUG
17 AND CRIME PREVENTION PROGRAM AREA DURING THE 1998 PRO -
18 GRAM YEAR AUTHORIZING THE CITY MANAGER TO TRANSFER
19 $1,697.00 FROM ACCOUNT 615- 1910 - 521 -3490 ENTITLED
20 "FEDERAL FORFEITURE FUNDS" AS THE REQUIRED 25o MATCH
21 AND TO DEPOSIT SAID FUNDS IN AN ACCOUNT ENTITLED "POLICE
22 ATHLETIC LEAGUE ", 001- 0000 - 219.1900
23
24 WHEREAS, the South Miami Police Department wishes to
25 establish a Police Athletic League as part of community
26 policing to foster improved relationships between the Police
27 and the community and to provide alternative, positive after
28 school activities; and
29 WHEREAS, the City Administration now requests the
30 approval of the City Commission to execute a contract to
31 implement this Community Drug and Crime Prevention project;
32 and
33 WHEREAS, the City of South Miami received application
34 approval from the Miami -Dade County Department of Human Ser-
35 vices for funding of the South Miami Police Athletic League,
36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
38 Section 1. Thathe Mayor and City Commission of the
39 City of South Miami do "hereby endorse and authorize the City
40 Manager to execute a contract with the Miami -Dade County
41 Dept. of Human Services for the funding of the South Miami
42 Police Athletic League in the amount of $5,092.00.
43 Section 2. The City Manager is authorized to transfer
44 $1,697.00 from account #615- 1910 - 521 -3490 entitled "Police
45 Department Forfeiture" Funds and to deposit said funds in an
46 account entitled "Police Athletic League ", account #
47 001- 000 - 219.1900.
48 Section 3. This Resolution shall become effective
49 immediately upon its adoption.
50 PASSED AND ADOPTED this day of 1998.
51 APPROVED
52
53
54 MAYOR
55 ATTEST
56
57
58
59 CITY CLERK
60
61 READ AND APPROVED AS TO FORM:
62
63
64 CITY ATTORNEY
A
i
City of South Miami
Wr
Inter- Office Memorandum
-------------------------------------------------------------------------------------------------------------------
TO: Mayor & Commission DATE: March 12, 1998
FROM: Di a orris � SUBJECT: Agenda # i
Interim City Manager Commission Meeting
March 17th, 1998
Florida Electric Company, Inc.
------------------------------------------------------------------------------------------------------------- - - - - --
Parks and Recreation allocated $4,500.00 for routine maintenance and repair of field lights at
city parks. In October, the Commission adopted Resolution #216 -97- 10186, to award a contract
to Florida Electric Company, Inc. to provide these services. The budgeted amount of $4,500.00
was insufficient to cover the work that was required this year for repairs, replacement, etc. An
additional $3,111.00 is required to bring our field lights up to standard.
The attached resolution seeks approval to pay Florida Electric Company, Inc. an additional
$3,111.00 to cover the additional materials, equipment, and labor required to complete the
required maintenance. Disbursement will be made from account # 2000 -4620, "Maintenance &
Repair - Operating Equipment."
C*pdocs \di ana.commission8
:,., m_ —_—�.- . r:x�._ r= • . °,�a�.-?� °c ,� R� :,�- -� Ns43- .�i��^�+ . z.F -°- -r, °gym ,�= r�'e^.��w.�;a�m-�f'r
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
4 ENTER INTO A CONTRACT WITH FLORIDA ELECTRIC SERVICES
5 COMPANY, INC., FOR ELECTRICAL WORK (SPORTS FIELD
6 LIGHTING) SERVICES FOR THE CITY'S PARKS & RECREATION
7 DEPARTMENT, FOR AN AMOUNT NOT TO EXCEED $3,111.00, FROM
8 ACCOUNT # 2000 -4620, "MAINTENANCE & REPAIR" - OPERATING
9 EQUIPMENT.
10 WHEREAS, Article III, Section 5, H, of the City Charter
11 requires bids be obtained for purchases of items over $1,000.00
12 and
13 WHEREAS, the City of South -Miami Parks and Recreation
14 Department is responsible for maintaining Sports Field Lighting at
15 our City Parks, and requires', the services - of a qualified company to
16 do this work; and
17 WHEREAS, a previous resolution ( #216 -97- 10186) was passed(5 -0)
18 for work of $4,500.00 to be completed on the field lights; and
19 WHEREAS, the required work was provided, nevertheless,
20 additional work had to been done, causing an overall cost
21 increase; and
22 WHEREAS, the City of South Miami Parks & Recreation Department
23 obtained bid prices from the Request for Proposals used by the City
24 of Coral Springs to meet this and previous Charter requirements, as
25 set forth in the attached bid information and attached past passed
26 resolution.
27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
28 OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. That a purchase order be awarded to Florida
31 Electric for the amount of $3,111_00 for the serving of sports
32 field lighting in City parks.
33
34 Section 2. This resolution shall take effect immediately
35 upon approval.
36 PASSED AND ADOPTED this day of March, 1998.
37 ATTEST: APPROVED:
38
39 CITY CLERK MAYOR
40 READ AND APPROVED AS TO FORM:
41
42 CITY ATTORNEY a:�lri�e
I
t� C
I IJ ty
¢( rl
"o
tME
To: MARIA
Fax #: 305 - 663 -6319
4' {
PALMER ATHLETIC FIELD BILLING
Subject: n
sf b , a i
Date: ? 1998
February 5 w
Pages: 1, including this cover sheet,,a
TS: Y ,
Cp1VIM$N
foil
is a summary of the labor, materials and equip�me
ur tele hone conversation, the g
Per o p
used on the above referenced project repairs,
operator 18 hours at $75.OQ per hour $1,350.00
Bucket truck with oper $ 630.00
Electrician 18 hours at $35,00 per hour a 04
d Fjyar
at $41.00 per hour
Service truck with electrician 3 hours $ 353,08 ryrT,
r tip,
3P- 480V- 20A -CIR BREAKER
c
15 -GE POWER FLOOD LIGHT FIXTURES $5,025.00 "I
AT $335.00 EACH
20 -LIT L6003OC -1C FHSEIIOLDERS AT $ 129.92
$6.46 EACH
$7,611,00
Total
$'4,500.00
P.O. #001089
$3,111,00 ,.
OVERAGE
As discussed I will submit an invoice for the full purchase order amount. Please advise me on
haw to roceed with the billing for the overage am ount.
p
Front the desk 10 �
. ,. , , , 4b t
,
Thank y 011
cp r
Annie { x:
FLORIDA
gas t1�4�I. " " ";
1441 9-W. 211t f' V$AUC a'w h r $
Ft. Leudecddld R�ichd%33S!"�i , �t
i1']7jl e "ty+I� k
( , {rf S F t A
pox, (854) 32t bad<t r tit, r
a , v etl 1.1 r
pt,
la
RESOLUTION NO. 216 -97 -10186
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH FLORIDA ELECTRIC SERVICES
COMPANY, INC., FOR ELECTRICAL WORK (SPORTS FIELD
LIGHTING) SERVICES FOR THE CITY'S PARKS & RECREATION
DEPARTMENT, FOR AN AMOUNT NOT TO EXCEED FOUR THOUSAND
FIVE HUNDRED DOLLARS, ($4,500.00), FROM ACCOUNT # 2000
4620, "MAINTENANCE & REPAIR" - OPERATING EQUIPMENT.
WHEREAS, Article III, Section 5, H, of the City Charter,
requires bids be obtained for purchases of items over $1,000.00;
and
WHEREAS, the City of South Miami Parks and Recreation
Department is responsible for maintaining the Sports Field Lighting
at our City Parks, and requires the services of a company qualified
to do this work for an amount not to exceed $4,500.00; and
WHEREAS, the City of South Miami Parks & Recreation Department
obtained bid prices from the Request for Proposals used by the City
of Coral Springs to meet this 'Charter requirement, as set forth in
the attached bid information.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is awarded to Florida
Electric not to exceed $4,500.00 for the serving of sports field
lighting for all City parks.
Section 2. This resolution shall take effect immediately
upon approval.
PA66ED AND ADUPTED this Ithc
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
A; \RES.ELECI'RICFL0RIDA97
COMMISSION VOTE:
5 -0
Mayor Price:
Yea
Vice Mayor
Robaina:
Yea
Commissioner
Bethel:
Yea
Commissioner
Young:
Yea
Commissioner
Oliveros:
Yea
10
City of South Miami
Inter- Office Memorandum
TO: yor & Commission DATE: September 30, 1997
FROM: L. Dennis Whitt SUBJECT: Agenda #
City Manager Commission Meeting
October 7, 1997
Florida Electric Company
The attached resolution seeks approval for lighting services provided by Florida
Electric Services Company. Charges would be disbursed from account number
2000 -4620, "Maintenance & Repair ", not to exceed $4,500.00.
The bid prices were obtained by the Request for Proposals used by the City of
Coral Springs to meet the Charter requirements.
I recommend approval.
C:\WPd0CSWWL1iZhEs97
10
CITY OF CORAL SPRINGS
CITY COMMISSION MEETING OF ebrgary 20. 1996
AGENDA ITEM
SUBJECT. Electrical Contractor • Sacrts Field Lightfl3g
V Me
1. Using Department(s): Parks and Recreation
2. Justification for Award Recommendation:
Most responsive and responsible Bidder
Highest ranked Proposer
Other
3. Funding: Account Number: Various Exo. Acco.unts- depending on work project.
Current Balance:
4, No, of Vendors solicited 8'
No. of Coral Springs firms solicited 0 _
No. of Vendors responding 2
5. Insurance: X Approved
N/A
6. Additional Information:
The City has an ongoing need for an electrical contractor to perform work associated
with various types of outdoor fighting, on an as needed basis. The largest portion of
this work is involved with sports field lighting which includes the installation of large
concrete light poles, installation of the fixtures and lamps on these poles, and the
general maintenance and repair of lighting in parking lots and parks. It is in the best
interest of the City to have a vendor under a term contract for this type work because
of the necessity to have maintenance and repair work completed as quickly as
possible.
The Parks and Recreation Department prepared their listing of service requirements
and the Purchasing Division developed a Request for Proposal. The RFP procedure
was used for selecting the proper vendor because prompt service, proper equipment,
and experience in completing this type work were important factors. The Parks and
Recreation Department did not want to select an electrical contractor, based on price
alone, who was not experienced or capable of doing this specialized type of work.
On 1- 17 -96, two (2) RFP's were received for this service. The Parks and Recreation
Department and the Purchasing Division reviewed both proposals and it was
determined that Florida Electric Service, Ft. Lauderdale, Florida was the higher ranked
proposal and should be recomded for award.
10
Agenda item
Electrical Contractor -
Sports Field Lighting
Page 3
NO. 964 P. 4/7
The reasons the Parks and Recreation Department and Purchasing Division are
recommending Florida Electric Service Co., Inc. are as follows:
1. Quality of work Florida Electric Service has always provided quality work on
ail projects since they have been the contact firm used by the City for the past
three (3) years. They have also received excellent ratings on their Contract
Quality Reviews. ., 4
2. Pricing - The overall pricing submitted by Florida Electric Service on this
proposal is 14% lower than the pricing on the current contract.
3. Services - Florida Electric Service provides electrical design services on a no
charge basis whenever they are involved in a sports field lighting project.
4. Location Florida Electric Service Is located in Ft. Lauderdale and are available
on very short notice to handle emergency repair situations.
In summary, Florida Electric Service has ,given the City a complete program which
includes product, customer service, and tachnical support.
A current Certificate of Insurance is an file in the Purchasing Division.
0
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PROPOSERS
RFP NO. 96 -"46
1' Florida Electric Service Co., Inc.
1491 SW 21st Ave.
Ft. Lauderdale, FL 33312
Contact: Steven L. Siems
Telephone: (954) 587 -6760
2' Mills Electric Service, inc.
810 SW 14th St.
Pompano Beach, FL 33060
Contact: James F. Stubblefield
Telephone: (954) 78`5 -0338
Fax: (954) 785 -0494
t IV
NO. 964 *-P. 7/7--
10
FILE
City of Coral Springs
City Commission Agenda Item
SUMMARY SHEET
M 11 WA0101 ltit •► ILYA 41l 1..l • ff 11 u
PREPARED BY /EXXT Art-Resnik, Purchasing Agent il Initials:
COPIES TO: R. Engle, Facilities Business Mgr.- Mullins
M. McGoun, Aquatics Business Mgr.
S. Josias, City Attorney
J. Joseph, City Clerk
E T: Electrical Contractor - Sports Field Lighting
REQUESTED ACTIQN: Award of Bid
OFF RECOMMENDATION:
It is recommended that RFP 96 -045, for an electrical contractor,
specializing in sports field lighting, be awarded to Florida Electric Service .
Co., Inc., Ft. Lauderdale, Florida. It is estimated that the annual dollar
amount of this contract will be approximately $100,000.00.
QCATION: X City Wide
. Specific
NA
•tip■ .^ ON ,, .- ATTACHM.EfJTS AVAILA13LE ON HARD
•-
Bid Tabulation Sheet Parks & Recreation recommendation letter
Contract Guaiity Review
0
10
CITY OF CORAL SPRINGS
CITY COMMISSION MEETING OF 12 ua 20 X996
AGENDA ITEM
MaT I e z •: t T 15, 1 to z
1. Using Department(s): Parks and Recreation
2. Justification for- Award Recommendation:
Most responsive and responsible Bidder
X Highest ranked Proposer
Other
3. Funding: Account Number: Various Exta. Accounts- depending on work project.
Current Balance:
4. No. of Vendors solicited 8'
No. of Coral Springs firms solicited Q
No. of Vendors responding 2
5. Insurance: �_ Approved
— N/A
6. Additional Information:
The City has an ongoing need for an electrical contractor to perform work associated
with various types of outdoor lighting, on an as needed basis. The largest portion of
this work is Involved with sports field lighting which includes the installation of large
concrete light poles, installation of the fixtures and lamps on these poles, and the
general maintenance and repair of lighting in parking lots and parks. it is in the best
interest of the City to have a vendor under a term Contract for this type work because
of the necessity to have maintenance and repair work completed as quickly as
possible.
The Parks and Recreation Department prepared their listing of service requirements
and the Purchasing Division developed a Request for Proposal. The RFP procedure
was used for selecting the proper vendor because prompt service, proper equipment,
and experience in completing this type work were important factors. The Parks and
Recreation Department did not want to select an electrical contractor, based on price
alone, who was not experienced or capable of doing this specialized type of work.
On 1- 17 -96, two (2) RFP's were received for this service. The Parks and Recreation
Department and the Purchasing Division reviewed both proposals and it was
determined that Florida Electrw Service, Ft. Lauderdale, Florida was the higher ranked
proposal and should be recomnded for award.
10
.. . .. ; ' = ".,, M n-. - •— �-- �� «t._ .p i,,, �4r. wL:, >�'^rN�Z�c '^fir �_
Agenda Item
Electrical Contractor -
Sports Field Lighting
Page 3
The reasons the Parks and Recreation Department and Purchasing Division are
recommending Florida Electric Service Co., Inc. are as follows:
7 . Quality of work - Florida Electric Service has always provided quality work on
all projects since they have been the contact firm used by the City for the past
three (3) years. They have also received excellent ratings on their Contract
Quality Reviews.
2. Pricing - The overall pricing submitted by Florida Electric Service on this
proposal is 14% lower than the pricing on the current contract.
3. Services - Florida Electric Service provides electrical design services on a no
charge basis whenever they are involved in a sports field lighting project,
4. Location - Florlda Electric Service is located in Ft. Lauderdale and are available
on very short notice to handle emergency repair situations.
In summary, Florida Electric Service has given the City a complete program which
Includes product, customer service, and technical support.
A current Certificate of Insurance is on file in the Purchasing Division
10
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1. Florida Electric Service Co., Inc.
1491 SW, 21st Ave.
Ft. Lauderdale, FL 33312
Contact: Steven L. Siems
Telephone: (954) 587 -6760
14 '
2. Mills Electric Service, Inc.
810 SW 14th St.
Pompano Beach, FL 33060
Contact: James F. Stubblefield
Telephone: (954) 785 -0338
Fax: (954) 785 -0494
(D
t
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 13, 1998
From: Diana Morris 4A— Re: Resolution regarding
Interim City Manager supporting passage of
Senate Bill 1478 and
House Bill 3827
Requested action: Approval of resolution supporting passage of Senate Bill 1478 and House Bill 3827
Background: Because Hurricane Andrew became the costliest catastrophe in the history of the United
States. This left in it's wake $30 billion in property damage, including $16 billion of insured losses.
Many residents lost the private- market insurance coverage that they will need to protect them in the
event of another horrific storm.
Recommend Approval.
My Documents /Memo Mayor & Comm/ Resolution/Supporting passage of Senate Bill 1478 and House Bill 3827
t
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF ` SOUTH MIAMI, RELATING TO
6 SUPPORTING PASSAGE OF SENATE BILL 1478 AND HOUSE
7 BILL 3827; PROVIDING AN EFFECTIVE DATE.
8
9
10 WHEREAS, in August 1992, Hurricane Andrew viciously hit South Florida
11 and became the costliest catastrophe in the history of the United States, causing
12 approximately` $30 billion in property damage, including $16 billion of insured
13 losses; and,
14
15 WHEREAS, an estimated 80,000 single- family homes, mobile homes and
16 apartments or condominium units were severely damaged or destroyed, and at
17 least 180,000 people were left homeless; and,
18
19 WHEREAS, many residents subsequently lost the private- market insurance
20 coverage they will need to fully protect their homes and personal belongings in the
21 event of another storm; and,
22
23 WHEREAS, six years later, many homeowners in South Florida and other
24 coastal areas still do not have access to affordable, private insurance coverage
25 despite the many measures enacted by the State of Florida since Hurricane
26 Andrew to help reduce the industry's exposure to bankrupting losses, including
27 creation of the Florida Hurricane Catastrophe Fund; and,
28
29 WHEREAS, this continuing lack of competition in the insurance
30 marketplace of certain parts of the state is wreaking economic havoc on many of
31 our communities; and,
32
33 WHEREAS, the insurance industry, under cloak of Hurricane Andrew, still
34 is pushing for higher and higher premiums.
35
36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. Swift passage of Senate Bill 1478 and House bill 3827 by the
40 1998 Florida Legislature is urgently requested.
41
42
43 Nage 1 of 2
0
1 Section 2. This resolution shall take effect immediately upon approval.
2
3 PASSED AND ADOPTED this day of 51998.
4
5 ATTEST: APPROVED:
6
7
8 CITY CLERK MAYOR
9
10
11 READ AND APPROVED AS TO FORM:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A "M
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO Mayor and City Commission DATE: 3/13/98
/� AGENDA ITEM #
FROM: Diana orns Comm. Mtg. 3/17/98
Interim City Manager Recreation & Cultural
Affairs Board
Mayor Julio Robaina sponsors the attached Ordinance on for second reading and public hearing.
This ordinance amends Section 2 -26.3 of the City's Code of Ordinances by creating an entirely
new Recreation & Cultural Affairs Board. It sets forth guidelines by which the Board shall be
governed. First reading was held March 3, 1998.
Nv
I.-
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ORDINANCE NO.
-A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RECREATION;
AMENDING SECTION 2 -26.3 OF THE CODE OF ORDINANCE BY
CREATING A RECREATION AND CULTURAL AFFAIRS BOARD;
SETTING FORTH GUIDELINES BY WHICH BOARD SHALL BE
GOVEREND; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami believe that emphasizing
and providing necessary support to the Recreational and Cultural
Affairs are important elements of community building and
improving of the quality of life for the whole community.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 2 -26.3 of the Code of Ordinance
is hereby amended as follows:
Sec. 2 -26.3. Reereatlen advisery beard. Recreation and
Cultural Affairs Board
(a) Creation; composition.
There is
hereby created a recreation and cultural affairs board
for the city. Said Board shall consist of seveft nine
f'*}__L9l members
(b) Appointment and the terms of membership. Seven Members
of said board shall be appointed by the Mayor with the
advice and consent of the Commission. One member shall
be a representative of Chamber South and one member a
representative of Alliance for Youth, Inc. and s
serve until ijar-L , 3:964T, Three members shall be
appointed for a three year term; three members Shall be
appointed for a two year term; all other members shall
be appointed for one year term; Appointees shall
thereafter serve for a period of two (2) years or until
their successor is appointed, whichever comes later.
(c) Chairman and vice - chairman. The members shall promptly
meet and select a chairman and vice- chairman by a
majority vote of the board.
(d) Quorum. A quorum for meetings of the board shall be
three- fifths of the members of the board.
(e) Duties. The duties of the board shall be as follows:
(1) Meet at least very `L Meetings shall
}1D. he 11.7 ,.v. ... L. •
.- a.wa�ay \.11= 1aiwure time ana recreational needs of the
City residents including but'not limited to (a) make
/2
I recommendations on the development of a master plan
2 for narks and recreational facilities; (b) Provide
3 directions and guidance in setting policies and goals
4 for recreational and athletic programs, (c) assist the
5 city administration in identifying funding sources for
6 recreational opportunities and fd) provide for public
7 hearings. (e) An administrative staff representative
8 shall be appointed by the City Manager, includincr a
9 Secretary to Board who shall be responsible for
10 proceedings, in the form of minutes which shall be
11 regularly submitted to the City Commission for its
12 consideration.
13
14 Section 2. If any section, clause, sentence, or phrase
15 of this ordinance is for any reason held invalid or
16 unconstitutional - by a court of competent jurisdiction, the hold
17 shall not affect the validity of the remaining portions of this
18 ordinance.
19
20 Section 3. All ordinances or parts of ordinances in
21 conflict with the provisions of this ordinance are hereby
22 repealed.
23
24 Section 4. This ordinance shall take effect immediately
25 at the time of its passage
26
27
28
29 PASSED AND ADOPTED this day of , 1998.
30
31
32
33 ATTEST: APPROVED:
34
35
36
37 CITY CLERK MAYOR
38
39 13t Reading
40 2nd Reading
41
42 READ AND APPROVED AS TO FORM:
43
44
45
46 CITY ATTORNEY
47
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f /kla Miami Review, a daily (except Saturday, Sunday
and legal Holidays) newspaper, published at Miami in bade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
MARCH 17, 1998
in the ........... ...........3LXYX3L....................................... Court,
was published in said newspaper in the issues of
Mar 6, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said 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 bade County, Florida, for period of
one year next preceding the first publication of the attached'
copy ofadvertisement; and aftiant further says that she has
neither paid nor promised any perso or corporation
any discoun bate, commies: r refun for the purpose
of secur!pIf this advertise f public tion in the said
news er./?
o and subscri me this
6 arch 98
of... , A.D.19._ •„
(SEAL)�UC+� JANETT LLERENA
0. Octelma V. Ferbe lily �powr�� ON
? c CC566004
X., �Q MY COMMISSION EXPIRES
OF 0,1 JUNE 23 2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE 1S HEREBY given that the City ,Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular
City Commission meeting on Tuesday, March 17, 1998 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinances:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, -LORIDA, RELATING TO
RECREATION,' AMENDING SECTION 2 -26.3 OF THE CODE
OF ORDINANCES BY CREATING A RECREATION AND
CULTURAL AFFAIRS BOARD; SETTING FORTH GUIDE -
LINES BY WHICH BOARD SHALL BE GOVERNED; PRO -
VIDING FOR SEVERABILITY; PROVIDING FOR ORDIN-
ANCES IN CONFLICT AND PROVIDING FOR AN_EFFEC-
TIVE DATE. (1ST READING- MARCH 3, 1998)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
COMPENSATION ° FOR THE MAYOR AND CITY COMMIS-
SION; AMENDING ORDINANCE NO. 24 -97 -1645 WHICH
AMENDED SECTION 2 -3 OF THE CODE OF ORDINANCES,
ENTITLED COMPENSATION FOR COMMISSIONERS AND
MAYOR- ESTABLISHED; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
(1 ST READING - yMARCH 3, 1998)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning this item should be directed', to the City Man -
agees Office by calling: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
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 proceed -
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
316 98-3- 030681 M
/Z
1
2 ORDINANCE NO.
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPENSATION
7 FOR THE MAYOR AND CITY COMMISSION; AMENDING
a ORDINANCE NO. 24-97-1645 WHICH AMENDED SECTION 2 -3 OF THE
9 CODE OF ORDINANCES, ENTITLED COMPENSATION FOR
to COMMISSIONERS AND MAYOR- ESTABLISHED; PROVIDING FOR
11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, the Mayor and City Commission adopted Ordinance No. 24 -97 -1645,
16 on October 21 1997, which amended Section 2 -3 of the Code of Ordinances, entitled
17 Compensation for Commissioners and Mayor- Established, to change the amount of annual
18 compensation from a fixed amount to an amount established in each budget approved for the
19 city; and,
20
21 WHEREAS, the Mayor and the City Commission desire to establish a fixed amount
22 of annual compensation by ordinance.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1. Ordinance No. 24 -97 -1645, which amended Section 2 -3 of the Code of
28 Ordinances, entitled Compensation for Commissioners and Mayor- Established, is amended
29 to read:
30
31 There shall be paid to the Mayor and to each City sCommissioner of the city as
32 annual compensation the amount of $3,000.00. Additionally, the Mayor and each
33 City Commissioner shall receive such sums as are approved by the annual budget as
34 reimbursement for Gnmge,,gs a9'inn oP._R'4 yg and wR allowable expenses.
35
36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
38 not affect the validity of the remaining portions of this ordinance.
39
40 Section 3. All ordinances or parts of ordinances in conflict with the provisions of
41 this ordinance are hereby repealed.
LIM
13:
1
2 Section 4. The provisions of this ordinance which amend the City of South Miami
3 Code of Ordinances shall be published in the code and shall be applied in the first year by
4 pro.- rating any unpaid amounts of the amended annual compensation over the remaining
5 months of the current fiscal year.
6
7 Section 5. This ordinance shall take effect immediately at the time of its passage.
s
9 PASSED AND ADOPTED this day of March 1998.
10
11
12 ATTEST: APPROVED:
13
14 CITY CLERK MAYOR
15
16
17
18 READ AND APPROVED AS TO FORM:
19
20
21 CITY ATTORNEY
22
23 NAEGallop \Csmord- res\Annual compensation.ord.doc
3.
ORDINANCE NO 24 -97 -1645
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI;_ FLORIDA, RELATING TO COMPENSATION
FOR COMMISSIONERS AND MAYOR; AMENDING ARTICLE 1,
SECTION 2 -3 -OF THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2 -3 of the City's Code of Ordinances titled
11compensation for commissioners and mayor-Establisheds provides
for monthly compensation of services by mayor and commissioners.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 2 -3 of the Code of Ordinances
entitled_ a Compensation for Commissioners and Mayor- Established
is hereby amended as follows:
There shall be paid to the mayor and to each commissioner of
the city such sums as are approved by the annual budget t-he--5t
Of twelve h"ndred dellftrO , as
compensation for services and as allowable expenses. ag
ems-
el te the mayer -ef the elty the 5um e f
the. effiee a# 23tayer and
exPla:ined, signed and eertifA:ed when
budejet-
Section 2. 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 this remaining portions
of this ordinance.
Section 3. All ordinances or parts of ordinances in
conflict' with the provisions of this ordinance are hereby
repealed.
0
/3
Section 4 This ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this 21st day of October, 1997.
ATTEST: APPROVED:
CITY CLERK
13` Reading 10/7/97
2 °d Reading 10/21/97
READ AND APPROVED AS TO FORM:
MAYOR
COMMISSION VOTE: 3 -2
Mayor Price: Yea
Vice Mayor Robaina: Nay
Commissioner Bethel: Yea
Commissioner Young: Yea
Commissioner Oliveros: Nay
/3
. rEr
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that 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 Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
MARCH 17, 1998
in the .................. XXX. Y3 L ......... .............................. Court,
was published in said newspaper in the issues of
Mar 6, 19 -98
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said 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 Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and aftiant further says that she has
neither paid nor promised any perso i or corporation
any discoun bate, commissi r refun for the purpose
of`securi this advertise f ,public tion in the said
news ear.
to and subscri me this
6 arch 98
.... of .... ........................... ............ ..... A.D.19.. »..
.... ...... .. . ..... .
(SEAL) Y G OFFICIAL NOTARY SEAL
O JANETT LLERENA
�!y 4owrF~°M NUMBER
Octelma V. Ferbe
CC566004
MY COMMISSION EXPIRES
OF FL JUNE 23,2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular
City Commission meeting on Tuesday, March 17, 1998 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinances:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, - LORIDA, RELATING TO
RECREATION, AMENDING SECTION 2 -26.3 OF THE CODE
OF ORDINANCES BY CREATING A RECREATION AND
CULTURAL AFFAIRS BOARD; SETTING FORTH GUIDE -
LINES BY WHICH BOARD SHALL BE GOVERNED; PRO -
VIDING FOR SEVERABILITY; PROVIDING FOR ORDIN-
ANCES IN CONFLICT AND PROVIDING FOR AN EFFEC-
TIVE DATE (1 ST READING - MARCH ',3, 1998)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
COMPENSATION FOR THE MAYOR AND CITY COMMIS -
SION; AMENDING ORDINANCE NO. 24 -97 -1645 WHICH
AMENDED SECTION 2 -3 OF THE CODE OF ORDINANCES,
ENTITLED COMPENSATION FOR COMMISSIONERS AND
MAYOR- ESTABLISHED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
(1 ST READING MARCH 3, 1998)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning this item should be directed to the City Man -
agers Office by calling: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
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 proceed -
ings; and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
3!6 98- 3-030681 M
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OIL]
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
From: Diana orris
Interim City Manager
REQUEST:
Date: March 13, 1998
Agenda Item # Iq
Re: Comm. Mtg. 03 /17/98
ERPB Appeal Resolution
A RESOLi.JTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING
TO AN APPEAL FROM A DECISION OF THE DIRECTOR OF PLANNING & ZONING, ACTING IN LIEU OF
ENVIRONMENTAL REVIEW & PRESERVATION BOARD, REGARDING DEFERAL OF AN APPLICATION FOR
TENANT BUILDOUT BY VIRGIN RECORDS AT 5701 SUNSET DRIVE, AS PART OF THE SHOPS AT SUNSET
PLACE PROTECT, PURSUANT TO SECTION 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING
FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
On February 5, 1998, the applicant, Mr. Jeff Stenfors, on behalf of Virgin Records made a timely
application to appear before the ERPB at the regularly scheduled meeting of February 17, 1998
(the City's deadline for such applications was February 9, 1998). In order for staff to review the
application for Virgin Records, the developer of The Shops at Sunset Place was to submit a copy
of the tenant signage allocation package. This package was not received until the end of day on
February 13, 1998, well after the ERP13 Agenda had been published, posted and distributed.
When the ERPB agenda was published, the planning & zoning staff recommended for deferral of
this item on the ERPB Agenda, since tenant signage allocations had not been received from the
developer of The Shops at Sunset Place. On February 17, 1998, ERPB was unable to muster a
quorum, and, in such cases, the Director of Planning & Zoning is charged with the duty to act in
lieu of the ERPB, pursuant to Section 20-6. 1 (C)(4)(c).
The applicant is proposing that the first floor storefront windows along Red Road and South
Dixie Highway be display boxes with interchangeable posters of featured album covers. The
Hometown District Overlay Ordinance provides for architectural standards that require such
windows to be of transparent glazing material and to provide views of interior spaces lit from
within. These standards are set forth in Section 20-7.22 (C) of the Land Development Code.
The ERPB may approve applications at do not meet these standards at their discretion.
City Manager's Report: ERPB Appeal
The Director of Planning & Zoning, acting in lieu of the ERPB, decided to allow staff's
recommendation of deferral to stand, instead of denying the application for non- compliance with
Section 20 -7.22 (C). This action was taken in order to afford the applicant further opportunity to
present the application before the ERPB.
Pursuant to the provisions of Section 20- 6.2(A) of the Land Development Code, an applicant
may appeal a decision by the ERPB (which in this case is a decision by the Director of Planning
& Zoning acting in lieu of the ERPB); and, the applicant for this project has filed such an appeal.
For your information, this item has been scheduled for review by the ERPB on March 17, 1998,
which may resolve this issue. If the issue is resolved, then the item will be withdrawn prior to
the City Commission Meeting.
The item appears on the ERPB agenda of March 17, 1998, as follows:
(D) TENANT BUILDOUT EEB -98 -0081
Applicant: Jeffery Scott Stenfors (Architect)
Address: 5701 Sunset Drive (Virgin Records)
Note: The Virgin Records location is on the corner of South Dixie Highway and
Red Road. This application is for interior improvements, signage and
awnings. As part of the interior improvements the applicant is proposing
that the first floor storefront windows along Red Road and South Dixie
Highway be display boxes with interchangeable posters of featured album
covers. Also as part of the application, the applicant is requesting
approval of signs that exceed normal sign code requirements.
Staff: Staff recommends approval of the application with the condition that the
display boxes be placed only in front of the central glass pane of the
windows. Subsequently, the smaller panes to the left and right will afford
views into the interior space of the building.
RECOMMENDATION: Approval of the resolution to deny the appeal regarding deferral.
Attachments:
Proposed Resolution for Adoption
Copy of Applicant's Request for an Appeal
Section 20 -6.1 (C)(4)(c) of the LDC
Section 20 -7.22 (C) of the LDC
Section 20 -6.2 (A) of the LDC
Copy of Application Materials (Commission only)
City Manager's Report: ERPB Appeal
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION" OF THE DIRECTOR OF PLANNING & ZONING,
ACTING IN LIEU OF ENVIRONMENTAL REVIEW & PRESERVATION
BOARD, REGARDING DEFERAL OF AN APPLICATION FOR TENANT
BUILDOUT BY VIRGIN 'RECORDS AT 5701 SUNSET DRIVE, AS
PART OF THE SHOPS AT SUNSET PLACE PROJECT, PURSUANT TO
SECTION 20- 6.2(A) OF_ THE `LAND DEVELOPMENT CODE; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 5, 1998, the applicant, Mr. Stenfors,
made a timely 'application to appear before the Environmental
Review & Preservation Board [ERPB] at the regularly scheduled
meeting of February 17, 1998, where the City's deadline for such
application was February 9, 1998; and,
WHEREAS, when the ERPB agenda was published, the planning &
zoning staff recommended deferral of this item on the ERPB
Agenda, since tenant signage allocations had not been received
from the developer of The Shops at Sunset Place in order to
permit staff review the applicant's,signage proposal; and,
WHEREAS, on February 17, 1998, ERPB was unable to muster a
quorum, and, in such cases, the Director of Planning & Zoning is
charged with the duty to act in lieu of the ERPB, pursuant to
Section 20 -6.1 (C) (4) (c) and,
WHEREAS, the applicant is proposing that the first floor
storefront windows along Red Road and South Dixie Highway be
display boxes with interchangeable posters of album covers; and,
WHEREAS, the Hometown District Overlay Ordinance provides
for architectural standards that require such windows to be of
transparent glazing material and to provide views of interior
spaces lit from within, which standards are set forth in Section
20- 7.22(C) of the Land Development Code; and,
WHEREAS, the ERPB may approve applications that do not meet
these standards at their discretion; and,
WHEREAS, the Director of Planning & Zoning, acting in lieu
of the ERPB, decided to allow staff's recommendation of -deferral
to stand, instead of den._ g the application for non- compliance
ERPB Appeal Resolution March 17, 1998 1 /
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with Section 20- 7.22, in order to afford the applicant further
opportunity to present the application before the ERPB and,
WHEREAS, pursuant to the provisions of Section 20- 6.2(A) of
the Land Development Code, an applicant may appeal a decision by
the ERPB (which in this case is a decision by the Director of
Planning & Zoning, acting in lieu of the ERPB); and,
WHEREAS, the applicant for this project has filed an
appeal, pursuant to the authorization in Section 20- 6.2(A); and,
WHEREAS, the City Commission has reviewed the applicant's
appeal and the presentation made before the City Commission by
the applicant at the City Commission Meeting on March 17, 1998.
NOW THEREFORE BE 'IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. Pursuant to the provisions of Section 20- 6.2(A)
of the Land Development Code, the request for an appeal of the
decision for deferral by the Director of Planning & Zoning,
acting in lieu of the Environmental Review & Preservation Board,
regarding an application for tenant buildout by Virgin Records
for property located at 5701 Sunset Drive is hereby denied.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 17th day of March, 1998
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
c:/ ... / reports / Virgin Appeal.doc
0
ERPB Appeal Resolution: March 17, 1998
APPROVED:
VICE -MAYOR
CITY COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Russell:
Commissioner Bethel:
2 w
20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE
(g) Notwithstanding any other provisions of this Code, the Environmental Review
and Preservation Board'(ERPB) shall review all new construction, painting,
remodeling, landscaping and signage projects, to be performed by this municipal
government (the City), prior to any permits being issued or any work being
performed.
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be three (3) members.
a. An affirmative vote of a majority of the members present shall be required
to pass upon any matter on which the board is required to act under this
Code.
(b) The board shall keep a permanent record of all proceedings before it.
(c) Meetings of the board shall be public and notification of such meetings shall be
given in accordance with Code provisions. If any scheduled meeting is not held
(whether for lack of quorum or otherwise), then all applications scheduled for
such meeting shall be heard and decided by the Planning and Zoning Director of
the Building, Zoning, and Community Development Department (or the director's
designee) no later than the end of the next business day after the scheduled
meeting was to have been held. The director's decision, if for approval, shall
constitute ERPB approval. The seven' -day appeal period begins the day after the
director's decision.
(d) All approved plans and specifications shall bear the official signature of the chair
presiding at the meeting at which such plans and specifications are approved.
(e) If a set of plans is denied, or modification is recommended, the board shall, to the
greatest extent possible, make specific findings as to the reasons for denial and
modification, and recommend appropriate changes, if possible.
(f) Financial interest. -
i. Any member of the board who has a special financial interest, direct or
indirect,. in any matter before the board shall make that interest known and
shall abstain from participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfea-
sance in office and shall render the action voidable by the City Commission.
(D) Historic Preservation Board.
(1)
Establishment and Membership.
(a) An Historic Preservation Board is hereby created which shall consist of seven(7)
members who reside or work in the City.
i. The Mayor, with the advice and consent of the City Commission, shall
appoint the members of the board.
Supp. No. 3
138
1
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HOMETOWN DISTRICT OVERLAY ORDINANCE 20.7.24
• Single- and Double -Hung
• Industrial —
• Jalousie (wood slats only, on rear porches only)
• Awning or Hopper
• Fixed Frame (36 square feet maximum)
Skylights:
• Flat to the pitch of the roof
Door Operations:
• Casement
• Sliding (rear only)
(C) General Requirements. Rectangular windows shall have vertical orientation.
The following accessories are permitted:
• Operable Wood Shutters (standard or Bahama types)
e Wooden Window Boxes
A 2 • Real Muttons and Mullions
• Fabric Awnings (no backlighting; no glossy - finish fabrics)
The ground -floor building frontage shall have storefront windows covering no less than twenty.
five (25) percent of the ground -floor building frontage wall area. Storefronts shall remain
unshuttered at night and shall utilize transparent glazing material, and shall provide view of
interior spaces lit from within. Where building frontages exceed fifty (50) feet, doors or en•
trances with public access shall be provided at intervals averaging no greater than twenty -five
(25) feet.
(Ord. No. 19 -93 -1545, § 1, 10- 19 -93)
20.7.24 Architectural standards - Colors
The Color Palette list, maintained in the department of building, zoning and community
development, identifies exterior paint/finish colors that are pre - approved for buildings in the
Hometown District. Other colors may also be permissible with approval by ERPB. Depart-
mental staff shall maintain a color chip chart or display illustrating the range of pre- approved
colors. Sherwin - Williams standard paint numbers are used on the Color Palette list for refer -
ence, but any manufacturer's paint is acceptable if similar in color. This list reflects the
community's desires to encourage a range of colors for visual variety, to encourage light colors
for energy savings, and colors appropri a for the subtropical environment
167
ADMINISTRATION AND ENFORCEMENT 20 -6.2
Zoning and Community Development Department (or the director's designee) no
later than the end of the next business day after the scheduled meeting was to
have been held. The director's decision, if for approval, shall constitute HPB
approval.
(d) All approved designation reports shall bear the official signature of the chair
presiding at the meeting at which such reports are approved.
(e) Reserved.
(f) Financial interest.
i. Any member of the board who has a special financial interest, direct or
indirect, in any matter before the board shall make that interest known and
shall abstain from participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfea-
sance in office and shall render the action voidable by the City Commission.
(E) Code Enforcement Board.
(1) Creation. Pursuant to the provisions of Chapter 162, Florida Statutes, there is hereby
created and established a code enforcement board to enforce the occupational license,
building, zoning, sign and other related ordinances of the city.
(2) Membership. All appointees shall be for a term appointed and until a successor shall
have been appointed and qualified. Appointments for unexpired terms shall be for the
remainder of the term and until a successor has been appointed and qualified.
(F) Appellate Body.
(1); The city commission shall serve as the appellate body for all appeals of administrative
decisions.
(2) Exhaustion of remedies.
(a) No person aggrieved by any, resolution, order, requirement, decision or determi-
nation may apply to the court for relief unless he or she has first exhausted the
remedies provided for herein and taken all available steps provided in this Code.
(b) Such application to the court shall be in accordance with procedures proscribed
under this Code and state law.
(Ord. No. 11- 90- 1451, 8- 21 -90; Ord. No. 20 -93 -1546, §§ 1, 2, 11- 16 -93; Ord. No. 18 -95 -1591, §
1, 10 -5 -95; Ord. No. 12 -96 -1612, §§ 1, 6, 7- 30 -96; Ord. No. 19 -96 -1619, § 5, 10 -1 -96; Ord. No.
17 -97 -1638, § 1, 6.3 -97)
20 -62 Appeals.
.��";;p (A) ERPB Decisions; Tome; Standing to Appeal. All decisions and recommendations of the
environmental review and preservation board (ERPB) shall be posted on the City Hall bulletin
board immediately following the ERPB meeting. An applicant may obtain a building permit
after noon of the day after the ERPB meeting, at which the application was approved, if all
Supp. No. 3 141
Iq
20 -6.2 SOUTH MIAMI LAND DEVELOPMENT CODE
other requirements for the permit have been met. An appeal of an ERPB decision or
recommendation may be filed at any time before a building permit is issued by filing same with
the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant,
interested citizens, or the city administration.
(B) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies to the city
commission, after notice of appeal has been filed with him, that because of the facts stated in
the certificate a stay would, in the officer's opinion, cause imminent peril to life or property or
that because the violation charged is transitory in nature a stay would seriously interfere with
enforcement of the Code.
(C) Restraining Orders. If certification occurs in accordance with subsection (B) above,
proceedings may not be stayed except by restraining order, which may be granted by the city
commission or by a court of record on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
(D) Appeal Hearing. The city commission shall hear and enter a decision on all appeals
within sixty (60) days of the date of filing said appeal, and shall provide due notice of the
appeal to the parties.
(E) Commission Action. The city, commission may reverse, affirm or modify any order,
requirement, decision or determination appealed from and shall make any order, requirement,
decision or determination that, in the city commission's opinion, ought to be made in the
circumstances.
(F) Modification Allowed. When practical difficulties or unnecessary hardships would
result from carrying out the strict letter of a Code provision, the city commission may, in
passing upon appeals, vary or modify any regulation or provision of the Code relating to the
use, construction or alteration of buildings or structures or the use of land, so that the spirit
of the Code is observed, public safety and welfare secured, and substantial justice done.
(G) Prior Denials. The city commission shall not be required to hear an appeal or
application previously denied if it finds that there has been no substantial change in conditions
or circumstances bearing on the appeal or application.
(Ord. No. 27 -92 -1522, 11 -3 -92; Ord. No. 10 =93- 1538, 7- 20 -93; Ord. No. 4-94- 1553, § 1, 3 -1 -94)
20-6.3 Violations.
Any of the following shall be a violation of this Code and shall be subject to the enforcement
remedies and penalties provided by this Code and state law:
(A) To engage in any development, use, construction, remodeling or other activity upon the
land and improvements thereon subject to the jurisdiction of this Code without all
required permits, certificates or other forms of authorization as may be set forth in this
Code.
Supp. No. 3 142
Iq
February 20, 1998
Ronetta Taylor
City Commission
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Virgin Megastore @ Sunset Place
Appeal to City Commission
Dear Ms. Taylor,
Based on our conversation yesterday, this letter is to request a presentation to
the City Commission for review of the exterior design for the project. We would
prefer presenting to the ERPB, however, the present quorum status of the board
may not allow us adequate time to meet our schedule.
We submitted a package to the ERPB on February 5, 1998 and we were planning
to attend the February 17'h hearing. Brian Soltz indicated the ERPB board would
not meet. The director of planning then deferred the approval on the project.
Please place us on the agenda and let me know what additional material or work
is required. We have submitted presentation packages to Brian Soltz and they are
presently in his possession.
Thanks for your time.
Sincerely,
Jeffrey Scott Stenfors
Principal
cc: G.Johnston, B. Soltz, R. Grabill
JSS /jmf
3fClVi�lK.. _ „_
14223 GLENCOE AVENUE
VENICE CAUFORNIA 90292
ISUIR B115
:CLmrerv. G,.
T. 310 306 OM
F: 310 306 0087
SfFeARKI0 AOL COO
9
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 13, 1998
From: Diana Morri4or Re: Resolution regarding /00,
Interim City Manager approval of Settlement Agreement
Between Mr. Rod Mandelstam
And the City
Requested action: Approval of resolution regarding approval of Settlement Agreement between
Mr. Rod Mandelstam and the City.
Background: An order was entered in the civil action Mandelstam v. City of South Miami in which the
City was awarded attorney's fees. Mr. Mandelstam offered to settle the attorney's fee order in favor of
The City by providing in -kind services for youth who reside in the city.
Recommend Approval.
My Documents /Memo Mayor & Comm/ Resolution/Agreement Mandelstam
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offer.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS
AND RECREATION; APPROVING A SETTLEMENT
AGREEMENT BETWEEN MR. ROD MANDELSTAM AND THE
CITY; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUTUAL USE AGREEMENT WITH CAROD, I d/b /a SOUTH
MIAMI GYMNASTICS CENTER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, an order was entered in the civil action styled Mandelstam v. City
of South Miami, Case no. 93- 15848CA 20 (Fla. 1 lth Cir. Ct. 1993) which awarded
the city its attorney's fees in successfully defending an action for inverse
condemnation; and,
WHEREAS, Mandelstam offered to settle the attorney's fee order in favor of
the city by providing in -kind services' for youth who reside in the city; and,
WHEREAS, Ms. Morris, Interim City Manager, re- evaluated the proposal and
recommends that the city accept the settlement offer; and,
WHEREAS, the Mayor and City Commission desire to accept the settlement
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Agreement between the City of South Miami and Carod 1, Inc.,
d/b /a South Miami Gymnastic Center for the Mutual Use of the City's Dante Fascell Park
Tennis Courts and the School's Gymnastic Center is approved. The City Manager is directed
to determine whether any adjustments to the term of the agreement are appropriate and to
execute the agreement. A copy of the agreement is annexed and made a part of this
resolution as App. 1.
Nage 1 of 2
a",
1 Section 2. Upon execution of the agreement, the City Attorney is directed to
2 prepare a mutual release of claims and to file notice of settlement and stipulation for
3 dismissal of the action and attorney's fees order.
4
5 Section 3. This resolution shall take effect immediately upon approval.
6
7 PASSED AND ADOPTED this 17th day of March, 1998.
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lo ATTEST: APPROVED:
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13 CITY CLERK MAYOR
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?age 2 of 2
�S
RECEIVED: 2.25 -98; 4:17PM; 305 883 6345 => NAGIN GALLOP FIGUERE; #1
Feta -25 -98 04:13P city mgr south miami 305 663 6345 P-01
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Earl G. Gallop, Esq. Bate: February 25, 1999
City Attorney
From: Diag Re: Mandelstam Proposal
Interim C' an
1 have reviewed the Mutual Use Agreement with South Miami Gymnastic Center /Attorney Fee
Claim Settlement, (attached copy received from your office).
Please proceed with including it for next agenda.
Thank you.
Ale
/5
RECEIVED: 2- 25 -88; 4:18PY; 305 663 6345 => NAGIN GALLOP FIGUERE; #2
Feb -25 -98 04 :14P city mgr south miami 305 663 6345 P.02
Nov -07 -97 04:16P city mgr south miami 305 663 6345 P.02
C1TY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
i'o: 1.. Dennis Whitt Date: November 7. 1997
Z0
Fmm: Melvin L. Tooks Re: Mutual Use Agreement with
South Miami Gymnastic Center'
Attorney Fce Claim Settlement
Mr. Rod Mandelstam, owner of the South Miami Gymnastic Center, proposes to settle the C'ity's
approximately $40.000.00 attorney's fee claim by providing gymnastic instruction for city youth.
Mr. Mandelstam has an existing mutual use agreement that provides gymnastic training to local
youth in exchange for renting the tennis courts located at Dantc Fascell Park, during the summer.
"Ills agreement expires on June 11, 1999- He proposes to increase the number of participants in
the present program from 10 youths to 15 youth per year and charge the difference off to settle
the attorney's fee claim with the city.
The cost associated with the services to he provided by the South Miami Gymnastic Center is
approximately $15.450.00 per year. '11w cost associated with the rental orthe tennis courts is
approximately $2.300.00 per year. Mr. Mandclstam proposes teo use the difference of $13,150.00
per year, in cost of services, to settle the attorney's claim over a three year period.
The agreement would be effective from June 12, 1999 until June 11, 2001. It represents an
excellent opportunity to continue and expand the gymnastics program in the Parks &- Recreation
Derwiment.
/S
RECEIVED: 2- 25 -98; 4:18PM; 305 663 6345 => NAGIN GALLOP FIGUERE; #3
Feb -25 -9a 04:14P city mgr south miami 305 663 6345 P_03
Nov -07 -97 04:16P city mgr south miami
305 663 6345 P.03
RRSGLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS & RECREATION
PROGRAMS, AUTHORIZING THE CITY MMAGER_ TO ENTER INTO A
MUTUAL USE AGREEMENT WITx CAROD I, INC., d /b /a SOuTH
MIAMI GYMNASTICS CENTER FOR THE PERIOD OF JUNg 12, 1998
JUNE 11, 2001, SETTING FORTH TERMS AND CONDITIONS AS PART
OF THE AGREEMENT WHICH IS ATTACHED AND MADE A PART OF BY
REFERENCE.
WHEREAS, the City has a Mutual Use Agreement with Carod I,
Inc., d /b /a South Miami Gymnastids Center which expires on ,Tune 11,
1948; and
WHEREAS, the City has a desire to have the Gymnastics Center
Provide gymnastics training and Swimming lessons CO South Miami
residents; and
WHEREAS, the cost associated with the service to be provided
by the South Miami Gymnastics Center to the City would be
approximately $15,450 per year; and
WHEREAS, the cost associated with the rental of the tennis
courts located at Dante Fascell Park, amount to $2,300 per year;
and
WHEREAS, Rod Mandelstram of Carod I, Inc., d /b /a South Miami
Gymnastics Center wishes to use the $ 13.150 per year difference in
value to satisfy an approximately $40,00 attorney's fee claim by
providing gymnastic instruction fOr City youth; and
T WHEREAS, it will take approximately three (3) years for Carod
I, inc., d /b/ South Miami Gymnastics Center to satisfy the city,*
NOW THEREFORE 9E IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 't The City Manager is hereby authorized to enter
into an agreement with the South Miami Gymnastic Center to extend
the Mutual Use Agreement of the Cityps Dante rascell park Tennis;
Courts in exchange for gymnastics and swimming lessons for the
period of june 12, 1998 until June 11, 2001.
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Section 2 The City Manager is further authorized to
accept the $13,150 per year difference in value of service to
satisfy the City's attorney's fee claim against Rod Mandelstam of
the South Miami Gymnastics Center.
Section 3. This agreement /resolution shall take effect
immediately upon approval.
PASSED AND ADOPTED this day of November, 1997.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/.:'. kLy. Y /Y:7.7MlJi0rLS'lkNr : tll
APPROVED:
MAYOR
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AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
GYMNASTICS CFN- TF.R,
THIS AGREEMENT, entered into this day of November, 1997,
between the CITY OF SOUTH MIAMI, a Florida municipality "City" and
CAROD 1 INC., d/Wa/ SOUTH MIAMI GYMNASTIC
CENTER, "SCHOOL ".
WIINESSETH:
WHEREAS, City is the fee simple owner of the Dante Fascell Park,
"Property "; and
WHEREAS, the School desires to use the Clty's Property an a regular basis
for Tennis programs; and
WHEREAS, the School agrees that the City's Property will not be used by the
School in any manner that will interfere with other City recreational programs; and
NOW, THEREFORE, in consideration of the mutual covenants stated below
the parties agree as follows:
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1. The statements contained in the Whereas clauses are incorporated into
this agreement.
2. City will allow the School to use certain tennis courts at the Dante
Hascell Park Tennis Center for the following three (3) years including the suttuners of 1999,
2000, and 2001. During these periods, use of courts 3, 4, and 5 shall be as follows:
Summer - Weekdays 12:15 p.m. - 3:30 p.m.
Court # 3 only - 9 :30 - 10:30 a.m.
(if during the terns of this agreement the school wishes to use the court% in addition to the time
agreed upon, the School will make this request in writing to the Director of Parks & Recreation
Department. This request will be considered if the times requested do not interfere with
scheduled City recreational progratns.)
3. (a) The dollar value of the courts if rented by the school at the South Miami
resident rate would be equivalent to 52,300 per annum.
(b) Additionally, the School shall pay the salary for one (1) Park &
Recreation Tennis Pro of the times noted above at the equivalent of
$580.00
4. All payments and notices are to be made to
City of South Miami Parks & Recreation Department
6130 Sunset Drive
South Miami, Florida 33143
and to the "School" at: South Miami Gymnastics Center
8530 Red Road
,South Miami, Florida 33143
5. School agrees that the sole purpose for which the Property may be utilized
will be for tennis related activitie -s for School purposes. No sheds, buildings or structures of
any nature may be placid on the Property without the approval of City.
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6. School agrees to the following:
(a) Provide swimming and gymnmic lessons for 15 Routh Miami re.idcnts 5-
7 years of age equivalent to the cost $15.450 per annum. Children
participating in the progntm will be selected by the school and Parks die
Recreation Department Staff.
(b) Lessons will be taught on Saturdays. while the school is in session.
1). School is closed during Easter and Christmas vacation
and during the month of August.
7- Throughout the term of the agreement the City's responsibilities to the Se:hex)l
shall be comprised of the following matters:
(a) Through the Parks &'Recreation Department, coordinate times and dates
of classes with parents of participants.
(b) Assure that parents of participants are transporring their children to and
from the school.
(c) Coordinate with parents of participants any registration or information
required by the school.
8. The Schexal shall not pledge this Agreement nor attempt to sublet all or ally
portion of the Property.
9. All property or items placed or moved on the Property shall be at the rule risk
of the School and the City shall not be liable for any damage to such property or items.
10. The School shall promptly execute and comply with all statutes, ordinance.%
ruler, orders, regulations and requirements of the Federal, State and City Government and of
any and all their Departments and Bureaus applicable to said Property for any purpose,
including the correction, prevention and abatement of nuisances or other grievances,
regarding said Property duhng teen.
/i
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11. In the event the Property shall be destroyed or so damaged car injured by fire or
other casualty during the life of this Agreement, whereby the same shall be rendered
untenantable, this Agreement shall be abated, until such time with the property is once again
usable as tennis courts.
11. 'Me School agrees to indemnify, defend and hold harmless the City from all
claims, suites, actions, damages or causes of action arising on the City property other than for
the City's own negligence during the term of the Agreement, for any personal injury, loss of life
or damage to personal property sustained on the Property by School or any third party
participating in any School activity. School shall maintain general liability insurance on the
Property in amount-- of not less than Five' Hundred Thousand Dollars (S500,LW.) per occurrence,
with City named as an additional insured.
13. It is hereby understood and agreed that any signs or advertising to be used on
the Property shall be first submitted to City for approval before use of same and all signs shall
conform to the City sign ordinance.
14. Any violation of any of the terms or conditions of this Agreement by either
party shall cause the termination of this Agreement upon sixty (60) days notice.. to either
pmy.
15. 'Phis agreement may not be modified, except in writing signed by both parties.
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IN WITNESS WHEREOF, the parties have hereunto executed this in.wmcnt
for the proposes hcrein express this day of N v r 11397.
WITNESS: CAROD I INC, d /bia/ SOUTH MIAMI GYMNASTICS
CENTER
a Florida corporation
ATTE=ST:
CITY CLERK
(CITY SEAL)
wr600�iNFS.yartS6
By: ,
CITY OF SOUTH MIAMI
By.
ON
CITY OF SOUTH MIAMI
qu INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: March 13, 1998
From: Diana Morri
Interim City Manager
Re: Agenda Item # % I
Comm. Meeting March 17, 1998
Resolution regarding
transfer of Pension funds
Account to Wachovia Bank.
The attached resolution is requesting the City Commission's approval for the City Manager to
authorize Invesco Capital Management to transfer our employees pension funds account and its
custodian services from Nations Bank to Wachovia Bank.
The transfer is being requested because our fund manager has advised us that Nations Bank, the
funds present custodian, is discontinuing its services. The operation and financial status of
Wachovia Bank has been reviewed by Mr. Bermont, the City Pension Auditor, and he concurs
with the recommendation of the Investment Manager.
I recommend approval
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF
PENSION FUNDS ACCOUNT FROM NATIONS BANK TO WACHOVIA
BANK, N.A., AND APPROVING WACHOVIA BANK AS THE SUCCESSOR
CUSTODIAN BANK.
WHEREAS, the City of South Miami employee pension funds are currently managed by
R, VESCO Capital Management, and Nations Bank serves as custodian of the trust funds; and
WHEREAS, Nations Bank has advised the City through our fund manager that it is
discontinuing its custodian services, effective immediately; and
WHEREAS, in an effort to find another bank to provide custodian services for the trust
funds, the fund manager has conducted a formal search through a consultant and recommended
that the funds be transferred to Wachovia Bank, N.A.; and
WHEREAS, the financial status and operations of Wachovia Bank has been reviewed by
Mr. Peter Bermont of Smith Barney, the Pension Auditor recently engaged by the City to review
the activities of our pension funds, and he concurs with the Investment Manager's
recommendation.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. the City Manager is authorized to advise INVESCO Capital Management to transfer
City of South Miami employee pension funds from NATIONS BANK to WACHOVIA BANK,
N.A.
Section 2. effective immediately, Wachovia Bank will serve as the custodian to the trust funds in
accordance with the terms and conditions of the City pension plan.
Section 3. this resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of March 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
1-1
Naf ons an}
October 15, 1997
Mr. Dayton Cremer
City of South Miami Florida
6130 Sunset Drive
South Maimi, FL 33143
Subject: INVESCO Capital Management City of South Miami Florida Account
Dear Mr. Cramer:
On May 27, 1997, INVESCO Capital Management ('INVESCO") wrote to you to advise
that NationsBank had made the decision to discontinue its custody services and was
selling that business to Bankers Trust Company. Subsequently, INVESCO conducted a
formal search through a consultant for a custodian for its relationships and selected
Wachovia Bank, N.A.
This letter is to formally notify you that NationsBank resigns from your account(s) as
custodian effective November 30, 1997. We have enclosed a `Transfer Package"
containing the documents and forms required to effect the transfer of your account(s). If
you are in agreement with INVESCO's selection of Wachovia Bank, N.A. as the successor
custodian of your account(s), please insert Wachovia Bank, N.A. as successor in all
documents and forms requested in the enclosed "Transfer Package ".
A copy of the "Transfer Package" is enclosed for you to forward to your successor
custodian.
We are committed to servicing your account(s) through this transition period. Please call
me if you have any questions regarding this information or the transfer process. You may
continue to direct your day -to -day administrative calls to your Client Service Team.
Sincerely,
0. l I.GIIIIAA -M6
Delores C. McMullins
Relationship Manager
(404) 607 -4808
Enclosures (1) "Transfer Package" (including documents)
(2) Airborne postage -paid self - addressed return envelope
(3) Letter and "Transfer Package" (copy) for the appointed
successor(s)
T.'X'" A
Wachovia Corporate Services, Inc.
Trust Services Division
301 North Main Street
Winston - Salem, North Carolina 27150 -3099
October 14, 1997
Dayton Cramer
6130 Sunset Drive
South Miami, FL 33143
RE: City of South Miami Pension Fund
Dear Dayton:
Thank you for choosing Wachovia to meet your Trust Services needs. We appreciate the
confidence expressed in us through this important decision. A significant aspect of
Wachovia's commitment to you is ensuring that we provide the best in service and
support for the trust products you have selected. This commitment begins with the
implementation phase.
As your implementation specialists it is our assignment to work closely with you during
this critical phase and to ensure that it is handled accurately, expertly and with minimal
demands on your time. We are available to provide assistance at any time, so please call
us with any questions or concerns you may have at 1- 800 - 642 -0891.
Enclosed you will find a timeline that lists all critical dates in the implementation
process. Additionally, please find a list of legal documentation Wachovia will require
(schedule A) before assets can be received. We look forward to working with you in the
near future.
Sincerely,
11 i
.i
Meg M. Perry
Trust Officer
Wendy A. Murphy
Trust Representative
Enclosures
s:\wfwdocs\rs\mmp\invesco.doc
CUSTODY AGREEMENT
The undersigned Client agrees to utilize services of the Custodian as of the effective date, as
defined follows:
L Safekeeing of Assets. The Custodian shall receive and hold securities and cash funds as the
Client may choose to deposit from time to time. The Client authorizes the Custodian to use nominees for
the registration of securities and employ such depositories, sub - custodians and its vaults, as the Custodian
may reasonably deem appropriate for the safekeeping of the Client's assets. The Client undertakes to ensure
that all securities deposited are in negotiable, or "good deliverable" form, as that term is defined by the
industry and Federal securities regulations, and understands that the Custodian may return securities to the
Client that are not in "good deliverable" form.
2. Trade Settlement. The Custodian shall act solely on instructions from the Client, its designated
agents, or investment manager(s) to settle purchases and sales of securities on behalf of the Client and shall
not be liable in its acts or omissions pursuant to each instruction. The Client authorizes the Custodian to act
at the direction of Invesco Capital Management, Inc. (the "Investment Manager "). All trades will be settled
on contractual settlement date in available funds. The Client may transmit instructions to the Custodian by
whatever written or electronic means that are mutually acceptable. It is the Client's responsibility to
safeguard identification codes or other security devices the Custodian may make available to it for use of
the Custodian's automated system. The Custodian shall not be responsible for any loss, liability or damage
as a result of the Custodian acting upon instructions from Client's personnel using the proper identification
codes or security devices. For Clients utilizing the Custodian's automated system, the Custodian shall not
be responsible for the consequences resulting from failure of the system to perform. It is understood if the
system is inoperable, the Client shall notify the Custodian, and the Custodian agrees it shall accept verbal or
written instructions at no additional charge to the Client.
0
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The Custodian shall settle trades, cover corporate actions, or other activities by transferring funds
from (designate one):
A. The Cash Sweep Account designated by Client pursuant to paragraph 5 of this
Agreement.
B. Client's DDA account number The Client grants Custodian the
authority to transfer funds from the above - referenced DDA account to cover (by way of
illustration, but not by limitation) daily settlement of trades, income, corporate actions, and
other activities.
I Collection of Income. The Custodian shall collect income on securities of the Client and credit
the Client's account(s) in available funds on the payable date or as soon as possible, as published in a
schedule of payable dates from time to time by the Custodian. The Custodian shall retain the right to
reverse and recover credits that may later be determined in good faith to have been credited in error.
4. CoMorate Actions. The Custodian shall act on behalf of the Client to collect dividends, paid in
cash or additional shares, interest, maturities, whether by call or lottery, tender securities, and vote proxies
as the Client may direct. The Client shall be notified of corporate actions through the Custodian's on -line
services. The Client understands the Custodian is acting solely as an agent with respect to assets of the
Client. The Custodian shall credit cash proceeds to the Client's account(s) in available funds on the payable
date or later, as published in a schedule of payable dates from time to time by the Custodian. The Custodian
shall retain the right to reverse and recover credits that may later be determined in good faith to have been
credited in error.
5. Cash Sweep. The Client shall designate a money market fund, offered and managed by the
Custodian or a third party, to deposit daily all uninvested cash.
0
legallagN macoe.doc -.2- 11
6. Statements and Resorts. The Custodian shall render statements to include a list of assets and
transactions monthly, quarterly or annually as may be requested by the Client. The Custodian shall provide
to the Client additional reports and access directly to its automated system as the Client and the Custodian
may mutually agree.
7. Audits and Controls. The Custodian shall provide upon request from the Client an annual
opinion letter from an independent accounting firm which addresses the controls and procedures used in
performance of the Custodian's duties.
8. Compensation. The Investment Manager shall pay for services rendered by the Custodian in
accordance with the schedule of Custodian fees in effect and applicable at the time of the performance of
services, copies of which shall be provided to Investment Manager prior to such schedule's effective date.
Any service outside of the normal and customary services agreed to between the Custodian and Investment
Manager shall be the responsibility of the Client.
9. Indemni Ication. The Custodian shall bear no risks, responsibility or financial exposure as to
the value or suitability of any assets deposited, acquired or disposed by the Client. The Custodian may
charge the Client's account(s) for compensation, expenses or commitments made by the Custodian acting
upon instructions from the Client. The Custodian, or its nominees, shall be indemnified for any claim
(including reasonable attorney's fees) arising out of any transactions undertaken by the Custodian in good
faith. The Custodian shall not be liable for events beyond the control of the Custodian, acts of God,
interruptions of power or telecommunication services, governmental or legal actions.
The Custodian shall be liable for its own negligence, willful misconduct or lack of good faith. The
Custodian shall indemnify the Client for any actual damages (including reasonable attorney's fees) suffered
by Client arising from the Custodian's or its employees' or agents' negligence, willful misconduct, or failure
to act in good faith.
The Custodian shall have no discretionary authority or fiduciary responsibility with respect to
assets delivered to it.
Iegal\ag \invescoc.doc
10. Amendment and Termination. The Custodian and Client may agree to amend in writing this
Agreement. Either the Custodian or Client may terminate this Agreement upon thirty (30) days written
notice to the other, subject to the identification of a successor custodian or delivery of all assets to the
Client.
11. Governing Law. The laws of the State of residence of the Custodian shall govern this
Agreement to the extent such laws are not preempted by any laws of the United States.
Custodian
Wachovia Bank, N.A.
301 North Main Street; MC: NC- 31013
Winston- Salem, NC 27150 -1013
Telephone No: (910) 770 -6491
Agreed and Accepted
Custodian
by (Seal)
Name:
Title:
Client
by (Seal)
Name:
Title:
IegaPag \inve coc.doc -4-
Effective Date:
Client
Name:
Address:
Telephone Number:
Witness:
by (Seal)
Name:
Title:
Witness:
by
Name:
Title:
(Seal)
d
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3113/98
AGENDA ITEM 9—fl-
FROM: Diva it s Comm. Mtg. , 3/17/98
Interim City Manager Establishing a City -wide
Education Committee
Mayor Julio Robaina sponsors the attached resolution. This resolution establishes a city wide
educational committee in the City of South Miami; provides for term of office; and establishes
duties.
i
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION;
6 ESTABLISHING A CITY WIDE EDUCATIONAL COMMITTEE IN THE
7 CITY OF SOUTH MIAMI; PROVIDING FOR TERM OF OFFICE;
8 ESTABLISHING DUTIES ;, PROVIDING FOR AN EFFECTIVE DATE
9
10 WHEREAS, the South Miami City Commission firmly believes
11 that public education is an issue of community -wide concern; and
12
13 WHEREAS, the South Miami City commission desires to create
14 an educational committee to formulate and present to the City
15 Commission proposed programs and projects to further improve
16 public education in South Miami.
17
18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA:
20
21 Section 1. There is hereby created and established in
22 the City of South Miami an advisory committee to be known as the
23 City of South Miami Educational Planning Committee, with its term
24 to expire March 17, 2000 unless extended by the City Commission.
25
26 Section 2. The Committee shall consist of five (5)
27 members. Four (4) members shall be appointed by the Mayor with
28 the advice and consent of the City Commission. The Mayor or his
29 designee shall serve as Chairperson for this Committee. All
30 members shall be residents of the City of South; Miami or have
31 their principal place of work or business in South, Miami. Member
32 shall be appointed for terms expiring March 17, 2000.
33
34 Section 3. The members of the Committee shall designate
35 from its members a Chairman,, a Vice- Chairman and a Secretary.
36 Three members of the Committee shall constitute a quorum. Should
37 any member not attend two consecutive, or a total of three
38 meetings of the Committee, that member shall be automatically
39 removed and replaced by the entity, which made the original
40 appointment. No action shall betaken except by a majority vote
41 of those; present at a duly constituted meeting of the Committee.
42 The Committee may adopt 'By -laws governing its meetings and, on
43 matters within its jurisdiction. Copies of minutes of all
44 Committee meetings shall be furnished to the City Commission.
45
46 Section 4. The City Manager shall designate staff to
47 this Committee.
48
49 Section 5. The duties and functions of the Committee
50 shall be to recommend educational programs and projects and to
51 function as a fact finding entity. The recommended programs and
52 projects-shall be formulated into an action plan and subsequently
53 presented to the City COINV scion for final approval.
54
MIA
2 Section 6. This resolution shall take effect immediately
3 upon approval.
4
5
6 PASSED AND ADOPTED this
7
8
9 ATTEST:
10
11
12 CITY CLERK
13
14
15 READ AND APPROVED AS TO FORM:
16
17
18 CITY ATTORNEY
19
20
21
day of 1998.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
I
Lie]
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From: Diana Morris
Interim City Manager
REQUEST:
AP 1 i
Date: March 11, 1998
Agenda Item # / 9
Re: Comm. Mtg. 03/17/98
Landscape Revisions Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
RELATING TO SECTION 20 -4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND
DEVELOPMENT CODE BY AMENDING SAID SECTION 20 -4.5 TO BE CONSISTENT WITH THE AMENDED
LANDSCAPING REQUIREMENTS OF MIAMI -DADE COUNTY, AS SET FORTH IN CHAPTER 18 -A OF THE
COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY ORDINANCE NO. 98 -13, ADOPTED
JANUARY 13, 1998, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
On April 2, 1996, the City Commission adopted Ordinance No. 3 -96 -1603, in order to condense,
into a single source, all landscaping and tree regulations for the City of South Miami. These
regulations include applicable sub - sections of Chapters 18A and 24 of the Code of Metropolitan
Dade County, landscaping requirements originally adopted by South Miami, and a combined set
of definitions. This ordinance is codified under Section 20 -4.5 of the Land Development Code.
On January 13, 1998, the Miami -Dade County Commission adopted Ordinance No. 98 -13,
which modified the existing County landscaping regulations under Chapter 18 -A of the Code of
Metropolitan Dade County, Florida. The attached ordinance amends Section 20 -4.5 in the City_ 's
Land Development Code in order to incorporate the County's revisions.
Changes are set forth in Exhibit A. Additions are indicated by underline font (e.g., additions),
and deletions are indicated by strike - through font (e.g., deletions). The County's staff report,
including a summary of changes, and Ordinance No. 98 -13 are attached for your reference.
RECOMMENDATION: Approval to initiate the process. r
Attachments:
Draft, Proposed Ordinance for First Re M ing
Correspondence from Miami -Dade County
City Manager's Report: Landscape Revisions Ordinance
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION 20 -4.5
6 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND
7 DEVELOPMENT CODE BY AMENDING SAID SECTION 20 -4.5 TO BE
8 CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS OF
9 MIAMI -DADE COUNTY, AS SET FORTH IN CHAPTER 18 -A OF THE
10 COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY
11 ORDINANCE NO. 98 -13, ADOPTED JANUARY 13, 1998; PROVIDING
12 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
13 AND, PROVIDING FOR AN EFFECTIVE DATE.
14
15
16 WHEREAS, on February 21, 1989, the County Commission of Dade
17 County, Florida, adopted Ordinance No. 89 -8, which modified the
18 existing County tree preservation regulations under Chapter 24,
19 Code of Metropolitan Dade County, Florida, and required municipal
20 enforcement of new "tree preservation and protection regulations"
21 or required municipal notice to the County requesting enforcement
22 by the County within the jurisdiction of the municipality; and,
23
24 WHEREAS, on December 5, 1995, the County Commission of Dade
25 County, Florida, adopted Ordinance No. 95 -222, which modified the
26 existing County landscape requirements under Chapter 18A and
27 required municipal enforcement of these County regulations; and,
WV
29 WHEREAS, on April 2, 1996, the City Commission adopted
30 Ordinance No. 3- 96- 1603, in order to codify a unified and concise
31 set of regulations, to be located in a single section of the
32 adopted Land Development Code, and to provide for consistency of
33 City regulations with Miami -Dade County adopted regulations; and,
34
35 WHEREAS, on January 13, 1998, the County Commission of Dade
36 County, Florida, adopted Ordinance No. 98 -13, which modified the
37 existing County landscaping regulations under Chapter 18 -A, Code
38 of Metropolitan Dade County, Florida; and,
39
40 WHEREAS, the City Administration has prepared a package of
41 amendments to Section 20 -4.5 of the City's Land Development Code,
42 in order to provide for consistency with newly adopted revisions
43 to th',e!Miami-Dade County regulations, as set forth in Miami -Dade
44 County Ordinance No. 98 -1 adopted on January 13, 1998; and,
45
Landscape Revisions Ordinance: ler Reading March 17, 1998 1 1
z
x
1 WHEREAS, the City Commission finds that it is in the public
2 interest to provide for consistency of the City's regulations
3 with County regulations, as required by Miami -Dade County.
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
6 THE CITY OF SOUTH MIAMI, FLORIDA:
7
8 Section 1. Section 20 -4.5 of the Land Development Code,
9 which is entitled " Landscape Requirements," is hereby amended as
10 set forth in the attached Exhibit A.
11
12 Section 2. If any section, clause, sentence, or phrase of
13 this ordinance is for any reason held invalid or unconstitutional
14 by a court of competent jurisdiction, the holding shall not
15 affect the validity of the remaining portions of this ordinance.
16
17 Section 3. All ordinances or parts of ordinances in conflict
18 with the provisions of this ordinance are hereby repealed.
19
20 Section 4. This ordinance shall take effect immediately at
21 the time of its passage.
22
23
24 PASSED AND ADOPTED this
25
26
27
28 ATTEST:
29
30
31
32
33 CITY CLERK
34
35
36 READ AND APPROVED AS TO FORM:
37
38
39
40
41 CITY ATTORNEY
42
43 c:\ ... \ reports \ Landscape Rev ord.doc
44
day of
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice -Mayor Oliveros:
Commissioner Feliu:
Commissioner Russell:
Commissioner Bethel:
Landscape Revisions Ordinance: 19` Reading March 17, 1998
/9
I
20 -4.5 Landscaping and Tree Protection Requirements for All Zoning Districts
Section 20 -4.5 contains the following sub- sections [ §]:
COMBINED LANDSCAPING REQUIREMENTS
TREE REMOVAL, RELOCATION & PROTECTION
(A)Definition
of Terms for 20 -4.5 Only
(H)Tree
Removal Permit- Applicability
(B)Landscape
Requirements - Applicability
(I)Tree
Removal Permit- Submittals'
(C)Landscape
Requirements - Submittals
(J)Tree
Removal Permit - Replacement
(D)Landscape
Requirements - County
(K)Tree
Removal Permit - Relocation
(E)Landscape
Requirements -City
(L)Tree
Protection - Required Barriers
(F)Landscape
Plans Review Criteria
(M)City
of South Miami Tree Trust Fund
(G)Certificate of Compliance Required
(N)Violations of Section 20 -4.5
(A) Definition of Terms for Section 20 -4.5 Only
In constructing the provisions of Section 20 -4.5, where the context will permit and
no definition is provided in Section 20 -4.5 or in Section 20 -2.3 of the Land
Development Code of the City of South Miami, then the definitions provided in
Chapter 24 and Chapter 33 of the Code of Metropolitan Dade County, Florida, and
Chapter 403, Florida Statutes, as may be amended from time to time, and in rules and
regulations promulgated thereunder, as may be amended from time to time, which
relate to Section 20 -4.5, shall apply to Section 20 -4.5 only, except as otherwise
changed by the definition included in this subsection (B) as follows:
Accessways shall mean the maximum width of an accessway through the perimeter
landscaped strip to an off - street parking or 'other vehicular use area shall be
determined according to the Public Works Manual, Part I, Standard Details. No more
than one (1) two -way accessway shall be permitted for any street frontage up to 'one
hundred (100) lineal feet, such standards to,be applicable to any property under one
(1) ownership. Where such ownership involves over one hundred (100) feet of street
frontage, one (1) additional two -way or two (2) additional one -way drives may be
permitted for each additional oneihundred (100) feet of frontage or major fraction
thereof. The balance of such street frontage not involved with'accessways shall be
landscaped in accordance with the provisions of § 20 -4.5.
Affected tree shall mean any tree which shall be, or already has been, removed,
relocated, or effectively destroyed, thereby requiring a tree permit pursuant to
Section 20 -4.5.
Automatic irrigation system shall mean an irrigation system with a programmable
controller or timing mechanism.
Bona fide agricultural activities shall mean land used for the growing of food
crops, nurseries for the growing of landscape material, the raising of livestock,
horse farms, and other good faith agricultural uses, except any portion of the
property not eligible for agricultural exemption.
Bona fide agricultural purposes shall mean good faith commercial or domestic
agricultural use of the land. In determining whether the use of the land for
agricultural purposes is bona fide, the following factors set forth in Section
193.461, Florida Statutes (and as amended from time to time), though nonexclusive,
shall be taken into consideration: (1) the length of time the land has been so
utilized; (2) whether the use has been continuous; (3) the purchase price paid; (4)
size, as it relates to specifi,Q agricultural use; (5) whether an indicated effort
has been made to care sufficiey and adequately for the land in accordance with
ExhibitA
1
accepted commercial agricultural practices, including, without limitation,
fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural
practices; (6) whether such land is under lease and, if so, the effective date,
length, terms, and conditions of the lease; and, (7) such other factors as may from
time to time become applicable.
Bona fide fruit grove shall mean a grove of fruit trees specifically planted to
produce edible fruit for commercial purposes or personal consumption by owner(s).
Botanical garden shall mean any publicly - owned real property used for the
cultivation of plants for display or scientific research.
Buffer or Perimeter Landscape shall mean an area of land which is set aside along
the perimeter of a parcel of land in which landscaping is required to provide an
aesthetic transition between different land uses and to eliminate or reduce the
adverse environmental impact, and incompatible land use impacts.
Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter
measured at a height of six inches above natural grade. For trees four (4) inches
and greater in diameter, the trunk diameter measured at twelve (12) inches above
natural grade.
Clearance pruning shall mean pruning required to avoid damage or danger related to
structures, power distribution and property, as defined in the current ANSI 300
Standards.
Colonnade shall mean a roof or building structure, extending over the sidewalk, open
to the street and sidewalk, except for supporting columns or piers.
Common open space shall mean an area required as open space in this section or other
sections of the Land Development Code of the City of South Miami.
Canopy shall mean those trees which constitute the tallest layer of foliage.
Canopy cover shall mean the aerial extent of the branches and foliage of a tree.
Canopy coverage shall mean the extent of ground within the drip line of a tree.
Controlled plant species shall mean those plant species listed in the Landscape
Manual which tend to become nuisances because of their ability to invade proximal
native plant communities or native habitats, but which, if located and cultivated
properly, may be useful or functional as elements of landscape design.
Dade County Nursery Report shall mean a monthly, published bulletin listing
availability of trees, prices of trees, and stock of many major nurseries in Dade
County which is prepared by the Florida Nurserymen and Grower Association.
Developed land shall mean land upon which structures or facilities have been
constructed.
Development shall mean any proposed activity or material change in the use or
character of land, including, but not limited to, the placement of any structure,
utility, fill, or site improvet on land, and any act which requires a building
permit.
Exhibit A 2
i
Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at a
point four and one -half. (4 %) feet frem where the tree— emer-ges frem theme
above natural grade. In the case of multiple - trunked trees, the DHB shall mean the
sum of each trunk's diameter measured at peint er peints a height four and one -half
(4 %) feet from where the tree emerges from the gre_nd at above natural grade.
Differential operation schedule shall mean a method of scheduling an irrigation
system to apply different quantities of water, and /or apply water at different
frequencies as appropriate, for different hydrozones.
Dissimilar land uses shall mean proximate or directly associated land uses which are
contradictory, incongruous or discordant, such as high- density residential,
intensive commercial or industrial uses located adjacent to low - intensity uses.
Dominance shall mean the species or group of species having the largest total number
of individuals in the canopy and /or understory within a defined area.
Drip line shall mean an imaginary; vertical line extending from the outermost
horizontal circumference of a tree's branches to the ground.
Dwelling, single - family shall mean a residential structure which is designed for, or
occupied by, one (1) "family ", as defined under Section 20 -2.3, Definitions.
Duplex dwelling shall mean a residential building designed for, or used as, the
separate homes or residences of two (2) separate and distinct families, but having
the appearance of a single - family dwelling house. Each individual unit in the duplex
shall comply with the definition for a one "dwelling, single - family ".
Environmentally - sensitive tree resources shall mean a specimen tree, natural forest
community, or any other tree or trees that substantially contribute(s) to the
aesthetics of an area, which are not exempted from these permit requirements.
Existing development shall mean a site with structures that were legally approved
through the issuance of a Certificate of Use and Occupancy or a Certificate of
Completion as of February 13, 1996.
Facultative shall mean plants with a similar likelihood of occurrincq in both
wetlands and uplands, which are not recognized indicators or either wetland or
upland conditions.
Firebreak shall mean an area of bare ground no more than ten (10) feet in width in a
forest which has been created to prevent the spreading of wild fires.
Exhibit A
t,
Florida Number I Grade or equivalent shall mean the classification of the quality of
a nursery plant as published in Grades and Standards for Nursery Plants, Part II,
Fla. Dept. of Agriculture and Consumer Services, Division of Plant Industry.
Forbs shall mean herbaceous plants other than grasses.
Forest management plan shall mean a document which specifies techniques that will be
implemented to maintain and preserve an individual natural forest community.
Geologic feature shall mean a natural rock or mineral formation.
Gray water shall mean that portion of domestic sewage emanating from residential
showers, residential bathroom washbasins, or residential clothes washing machines.
Ground cover shall mean a dense, extensive growth of low- growing plants, other than
turf grass, normally reaching an average maximum height of not more than twenty -four
(24) inches at maturity.
Hat - racking or Topping shall mean the remeval within a ene (1) year peried, of —mere
than ene third ef a tree's living , flat - cutting the top of a tree severing
the leader or leaders, or the removal of any branch three (3) inches or greater in
diameter at any point other than the branch collar.
Hazard pruning shall mean the removal of dead diseased decayed or obviously weak
branches two (2) inches in diameter or greater.
Heat island shall mean an unnaturally high temperature micro - climate resulting from
radiation from unshaded impervious surfaces.
Hedge shall mean a landscape barrier consisting of a continuous, dense planting of
shrubs, not necessarily of the same species.
Herbaceous plant shall mean a plant having little or no woody tissue
Highway shall mean any public thoroughfare, including streets, designed for motor
vehicles.
Hydromulch shall mean a spraved application of seed mulch and water,
Hydrozone shall mean a zone in which plant material with similar water needs are
grouped together.
Included bark shall mean bark that is pushed inside a developing crotch causing a
weakened structure.
Irrigation detail shall mean a graphic representation depicting the materials to be
used and dimensions to be met in the installation of the irrigation system
Irrigation plan shall mean a plan drawn at the same scale as the landscape plan,
indicating location and specification of irrigation system components and other
relevant information as required by this ordinance.
Irrigation system shall mean a. stem of pipes or other conduits designed to
transport and distribute water tWkeep plants in a healthy and vigorous condition.
Exhibit,4
4
Landscape feature trellis, arbor, fountain, pond, garden, sculpture, garden
lighting, decking, patio, decorative paving, gazebo and other similar elements.
Landscape material shall mean plants such as grass, ground cover, forbs, shrubs,
vines, hedges, trees and non - living material such as rocks, pebbles, sand, mulch, or
pervious decorative paving materials.
Landscape plan shall mean a plan indicating all landscape areas, stormwater
retention /detention areas, areas which crualify to be excluded from maximum permitted
lawn area, existing vegetation to be retained, proposed plant material, landscape
legend, landscape features, planting specifications, and details, and all other
relevant information required in Section 20 -4.5
Landscape replacement plan shall mean a drawing containing proposed tree removal,
tree replacement planting, tree relocation, and preservation areas.-
Lawn area shall mean an area planted with lawn grasses_
Manual irrigation system shall mean an irrigation system in which control valves and
switches are manually operated rather than operated by automatic controls.
Mixed use shall mean the approved use or occupancy of buildings or parcels for both
residential and nonresidential purposes in the same development or project.
Moisture and rain sensor switch shall mean a- devices with the ability to switch off
an automatic irrigation controller after receiving a determined amount of rainfall
or moisture content in the soil.
Mulch shall mean non - living organic materials customarily used in landscape design
to retard erosion, weed infestation, and retain moisture, and for use in pathways
and glace plantings areas.
Multifamily residential development shall mean an approved residential dwelling,
building or structure(s) designed to be occupied by three (3) or more families.
Multiple single - family developments shall mean attached or detached single - family
residential developments that are planned as a total project and not as one single -
family unit on one parcel, such as in Planned Unit Development projects.
Native habitat shall mean an area enhanced or landscaped with an appropriate mix of
native trees, shrubs and ground cover species that resembles a native plant
community or natural forest community in structure and composition or is naturally
occurring, and is smaller than the size thresheld fer ineltisien as a natural ferest
ee t-` .
Native plant species shall mean a plant species with a geographic distribution
indigenous to all or part of Dade County. Plants which are described as being native
to Dade County in botanical manuals such as, but not limited to, "A Flora of
Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical
Florida" by P. B. Tomlinson, are native plant species within the meaning of this
definition. Plant species which have been introduced into Dade County by man are not
native plant species.
Exhibit A
r _,
5
Native plant community shall mean a natural association of plants dominated by one
or more prominent native plant species or characteristic physical attributes.
Natural grade shall mean the ground elevation of a property prior to the placement
of any fill on the site.
Natural Forest Community shall mean all assemblages of vegetation designated as
Natural Forest Communities on the Dade County Natural Forest Community Maps and
approved by the Board of County Commissioners,- pursuant to Resolution No. R- 1764 -84
and further defined in Section 24 -3 of the Dade County Code.
Net lot area shall mean the area within lot boundaries of all lands comprising the
site. Net lot area shall not include any portion of the abutting dedicated streets,
alleys, waterways, canals, lakes or any other such dedications.
Nonviable shall mean not capable of existing and continuing to provide biological or
aesthetic qualities associated with a healthy, functioning tree resource.
One family dwelling shall mean a private residential building used or intended to be
used as a home or residence in which all living rooms are accessible to each other
from within the building and in which the use and management of all sleeping
quarters, all appliances for sanitation, cooking, ventilation, heating or lighting
are designed for the use of one family only.
Owner- builder shall mean (an) owner(s) in fee who construct(s) no more than one (1)
single- family or duplex residence per year for personal use and occupancy by said
owner(s), and not intended for sale.
Overhead irrigation system shall mean a high pressure, high volume irrigation
system.
Perimeter landscape or Buffer shall mean an area of land which is set aside along
the perimeter of a parcel of land in which landscaping is required to provide an
aesthetic transition between different land uses and to eliminate or reduce the
adverse environmental impact, and incompatible land use impacts.
Planting detail shall mean a graphic representation of the plant installation
depicting the materials to be used and dimensions to be met in the placement of
plants and other landscape materials.
Preservation area shall mean portions of a site that are to be protected from any
tree or understory removal (except as required by the City of South Miami) and
maintained without any development.
Prohibited plant species shall mean those plant species listed in the Landscape
Manual which are demonstrably detrimental to native plants, native wildlife,
ecosystems, or human health, safety, and welfare.
Protective barrier shall mean a temporary fence or structure built to restrict
passage into an area surroundi a tree or stand of trees for the purpose of
preventing any disturbance to t roots, trunk, or branches of the tree(s).
Exhibit A 6
Relocated tree shall mean a tree which has been transplanted pursuant to Section 20-
4.5 and which continues to be viable at least one year after transplanting.
Replacement tree shall mean a shade tree, small tree, or palm tree required to be
planted pursuant to the provisions of Section 20 -4.5.
Root ball shall mean a group of roots extending from the base of a tree trunk that
must be intact when relocating a tree in order to promote tree.
Shrub shall mean a self- supporting woody perennial plant of low to medium height,
normally growing to a height of twenty -four (24) inches or greater, characterized by
multiple stems and branches continuous from the base.
Site plan shall mean a scaled, comprehensive drawing or set of drawings, which
indicates site elevations, roadways,_ rights -of -way, setbacks, easements and the
location of all site improvements, including proposed and existing buildings, all
structures, parking areas, driveways, access roads, other paved areas, ingress and
egress drives, landscaped open space, signage and any other site development.
Specimen tree shall mean a tree with any individual trunk which has a DBH of
eighteen (18) inches or greater, provided, however, that the following trees are not
specimen trees:
(1) All trees listed in Section 20- 4.5(H)(5);
(2) Non - native fruit trees that are cultivated or grown for the specific purpose
of producing edible fruit, including, but not limited to, mangos, avocados, or
species of citrus;
(3) Non- native species of the genus Ficus;
(4) All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and
Phoenix reclinata which have a minimum height of fifteen (15) feet.
Spray head shall mean an irrigation device which applies water to the soil or plant
surface by fixed spray or mist nozzles
Stabilized lawn area shall mean area of ground underlain with structural support in
the form of grass pavers or stabilized soil prepared to withstand the load of
intended vehicular use, such as automobiles, fire trucks, and garbage trucks.
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund
established under Florida Statutes Chapter 375 (as amended from time to time) for
the purposes of purchasing environmentally - sensitive land.
State- Approved plant nursery shall mean a business actively engaged in propagating,
growing, maintaining, and selling tree species that has been licensed to conduct
such business by the State of Florida or by Dade County.
Stormwater retention detention area shall mean an area designed built and used for
temporary storage of stormwater. - For purposes of this ordinance these areas are
intended to be permanently exe t from wetlands regulations.
ExhibitA
7
Temporary irrigation system shall mean a system including surface distribution
elements (hose, pipe, etc.) which may be removed when landscape is established.
Topping or Hat - racking shall mean the removal within a one (1) year period, of more
than one -third of a tree's living canopy, or the removal of any branch three (3)
inches or greater in diameter at any point other than the branch collar.
Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum DBH
of three (3) inches or with an overall height of twelve (12) or more feet. Tree
shall not include any mangrove trees as defined in Section 24 -3(77) of the Code of
Metropolitan Dade County, Florida.
Tree abuse shall include:
(1) Damage inflicted upon any part of a tree, including the root system by
machinery, construction equipment, cambium laver penetration storage of materials
soil compaction, excavation, chemical application or spillage or chancre to the
natural grade.
(2) Hatracking.
(3) Girdling or bark removal or more than one -third (1/3) of the tree diameter.
(4) Tears and splitting of limb ends or peeling and stripping or bark resulting from
improper pruning techniques not in accordance with the current ANSI A300 Standards
Tree canopy cover (see canopy cover)
Tree removal shall mean directly or indirectly cutting down, destroying, removing or
relocating, or effectively destroying (through damaging, trimming, authorizing or
allowing cutting down, destroying, removing, moving or damaging of ) any tree.
ereeesed develepmet —ef all existing trees of a €eur (4) ineh DBH er larger,
,-h eh e i regesed te— be— removed, releeated, er preserved.
oil
Exhibit A
OM
,
8
Tree Well shall mean a soil retaining structure designed to maintain the existing
natural ground elevation beneath a tree to preserve the tree when the surrounding
area is filled to raise the ground elevation. Tree wells shall have a minimum radius
of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet
from the trunk of the tree.
Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant
species that are typically associated with a natural forest community, native plant
community, or native habitat.
Vegetation required to be preserved by law shall mean the portions of a site,
including but not limited to, Specimen Trees, Natural Forest Communities, and native
vegetation which are clearly delineated on site plans, plats, or recorded
restrictions, or in some other legally binding manner, that are to be protected from
any tree or understory removal or effective destruction and maintained without any
development.
W #1
as the 1
Vehicular use area shall mean a hard surface area designed or used for off- street
parking and /or an area used for loading, circulation, access, storage, including
fire trucks, garbage trucks, or display of motor vehicles.
Vine shall mean a plant with a flexible stem which normally requires support to
reach mature form.
(B) Landscaping Requirements - Applicability
Section 20 -4.5 shall apply to all public and private development when a permit is
required, except for the following:
(1) Existing attached and detached single - family and duplex dwellings, including
any future additions or expansions shall be exempt from the provisions of
Section 20 -4.5.
(2) Bona fide agricultural activities: Any rc_t__n of property net receiving an
agricultural classification and assessment pursuant to Section 193.461 of the
Florida Statutes shall eemply with the - requirements -e€ Seen 29 4 .5,
substantiated by a plan submitted indicating the area with the agricultural
classification.
(3) Existing development as defined in § 20- 4.5(A) shall only be required to
comply with the street tree requirements of § 20- 4.5(D)(3); however, the
requirements of § 20- 4.5(D)(3) shall not apply to existing attached and
detached single- family and duplex dwellings, per § 20- 4.5(A)(1) above.
(4) Parking lot buffer will not be required if inadequate area exists which will
cause the elimination oflany required parking pursuant to this code.
ExhibitA
9
,._ ,ms's �,. � ,.. ,.� i . .a � � + „. „ ..��M 1 x -.; 4 �. wiz- �• ^__._ �.,. _. , � -
The provisions of Section 20 -4.5 shall only apply where a building permit is
required for external alterations or where a paving permit is required for expansion
of parking areas. Routine maintenance such as re- roofing and painting shall not be
considered external alterations for Section 20 -4.5 requirements; however, re- roofing
and painting is considered an external alteration under other provisions of this
Code and may require the approval of the ERPB and /or a permit.
(C) Landscape Requirements - Submittals
All submitted landscape plans, irrigation plans, tree surveys and other required
submittals must meet with the approval of Planning Division, prior to issuance of
permits for paving, new parking areas', or expansion of existing parking areas.
(1) Landscape Plans
prepared by the - ewner er the -ewner' .
4b-Ha) New One Owner- builder Single Family or Duplex Dwelling: Landscape
plans submitted for new one family or duplex dwellings may be in the
form of plot plans or drawings prepared by the owner or the owner's
representative, provided however, developments requiring site plan
review shall meet with the requirements of the section below and with
Chapter 481, Florida Statutes.
-(-e}(b) All Other New— Development: Landscape plans for new development
other than provided for under (a) and O above, shall be prepared by,
and bear the seal of, a landscape architect licensed to practice in the
State of Florida, or by persons authorized to prepare landscape plans or
drawings under Chapter 481,'Florida Statutes. Preliminary 1-Landscape
plans shall be provided as part of the submission for site plan approval
Exhibit A
Such plans shall:
i. be drawn to scale with dimensions and include property boundaries,
north arrow, graphic scale, and date;
ii. include a tree - vegetation survey, including an aerial photograph
which outlines the subject site provided at the same scale as
landscape plan(s);
iii. delineate existing and proposed structures, parking spaces, and
other vehicular use areas, � sidewalks, utilities,
driveways, igns ,the leeatien e€ utilities and easements,
___e'lud'ing the height and voltage of power of any tiity lines on
the property or adjacent properties, nd similar €eatur-es;
iv. de,-* �--e indicate the common and scientific name and quantity of
plants to be installed using "Landscape Legend" code format as
prescribed by the Miami -Dade County Director of the Department of
Planning, Development and Regulation leeatien, size,
preserved,
in accordance- ith the requirements of Section 20 -4.5;
10
V. identify and dese, ibe the leeatien and eh r..eteristi . e f all
landscape features and non - living landscape materials to be used;
vi. show all -areas of vegetation landseape features, areas -ef
vegetatien-required to be preserved by law, including but not
limited to trees, specimen trees, native plant species, natural
forest communities, native habitats an wetlands ,
and geelegi-e features a :n eentext with the - leeatien- and eutline of
existing and prepesed buildings, fenees, and ether struetural
its upen the site;
vii. illustrate geologic, historic and archeological features to be
preserved;
viii. depict stormwater retention /detention areas and areas excluded
from maximum permitted lawn area;
ix. document zoning district net lot area required open space and
maximum permitted lawn area;
X. show building coverage and the location and dimension of greenbelt
and water areas proposed for business and industrial zones as
required in the Land Development Code-
xi. complete "Preparer's!.Certification of Landscape Compliance."
Final landscape plans submitted for permit shall include all of
above, as well as the follcwincr-
xii. a fully completed, permanentiv affixed "Landscape Legend" as
prescribed by the Director of the Department of Planning Development
and Regulation;
xiii. critical layout dimensions for trees plant beds and landscape
features;
xiv. method(s) to protect and relocate trees and native plant
communities during construction;
xv. planting details and specifications;
xvi. irrigation plans as may be required by the zoning district;
xvii. irrigation details and specifications as required above; and
xvi. notarized "Preparer's Certification of Landscape Compliance" at
time of final inspwtion.
Ilk
ExhibitA
11
(2) Vegetation Tree Survey
(a) A vegetation wee survey, as defined in § 20- 4.5(A), shall be provided for
all sites •°',.th em-m-isting trees of feur (4) inehes der — greater at the same
scale as the landscape plan. The vegetation survey shall be accompanied by an
aerial photograph which outlines the subject site without obscuring its
features. The vegetation survey shall provide the following information:
i. the accurate location and graphic representation in relation to
existing development of all existing trees of a minimum two (2) inch DBH
or ten (10) foot height or for native trees of a minimum one and one -
half (1 % ) DBH or eight (S) foot height including those which are
proposed to be removed relocated or preserved on site in accordance
with the requirements of this section;
ii, the boundaries of any native habitat native plant community, native
Plant species, and/or Natural Forest Community and associated understory
that exists on site, as determined by the Miami -Dade County Department
of Environmental Resources Management [DERM]• and
iii. a table showing the following information:
a. the scientific and common name of each tree each of which shall be
numbered;
b. the diameter at breast height (DBH) of each tree or if a multiple
trunk tree, the sum DBH for all trunks; and
C. an estimate of the height canopy cover, and physical condition of
each tree, and whether specimen tree(s) exist on the site
(3) Irrigation Plans
Irrigation plans shall be submitted, whenever a landscape plan is required.
(a) For a new one family or duplex dwelling, the irrigation plan may be
indicated on a plot plan or a separate drawing prepared by the owner or
the owner's agent indicating area(s) to be irrigated, location and
specifications of lines and heads, and pump specifications.
(b) All Other Development: Irrigation plans shall be submitted with the
initial, master buWding plans.
ExhibitA
12
MINOR-
(2) Vegetation Tree Survey
(a) A vegetation wee survey, as defined in § 20- 4.5(A), shall be provided for
all sites •°',.th em-m-isting trees of feur (4) inehes der — greater at the same
scale as the landscape plan. The vegetation survey shall be accompanied by an
aerial photograph which outlines the subject site without obscuring its
features. The vegetation survey shall provide the following information:
i. the accurate location and graphic representation in relation to
existing development of all existing trees of a minimum two (2) inch DBH
or ten (10) foot height or for native trees of a minimum one and one -
half (1 % ) DBH or eight (S) foot height including those which are
proposed to be removed relocated or preserved on site in accordance
with the requirements of this section;
ii, the boundaries of any native habitat native plant community, native
Plant species, and/or Natural Forest Community and associated understory
that exists on site, as determined by the Miami -Dade County Department
of Environmental Resources Management [DERM]• and
iii. a table showing the following information:
a. the scientific and common name of each tree each of which shall be
numbered;
b. the diameter at breast height (DBH) of each tree or if a multiple
trunk tree, the sum DBH for all trunks; and
C. an estimate of the height canopy cover, and physical condition of
each tree, and whether specimen tree(s) exist on the site
(3) Irrigation Plans
Irrigation plans shall be submitted, whenever a landscape plan is required.
(a) For a new one family or duplex dwelling, the irrigation plan may be
indicated on a plot plan or a separate drawing prepared by the owner or
the owner's agent indicating area(s) to be irrigated, location and
specifications of lines and heads, and pump specifications.
(b) All Other Development: Irrigation plans shall be submitted with the
initial, master buWding plans.
ExhibitA
12
Such plans shall:
i. be drawn on a base plan to same scale as landscape plans(s);
ii. delineate landscape areas, major landscape features and plant
material zones (hydrozones), if applicable;
iii. delineate existing and proposed structures, parking areas or other
vehicular use areas, access aisles, sidewalks, driveways, the
location of utilities and easements, and similar features;
iv. include water source, design operating pressure and flow rate per
zone, total volume required for typical depths of application, and
application rate; and,
V. include locations of pipes, controllers, valves, sprinklers, back
flow prevention devices, and electrical supply.
vi. Irrigation details
(D) Landscape Requirements - County
The following standards shall be considered the minimum requirements €er —a!!
landseape and¢er irrigatien plans unless otherwise indicated:
(1) Lawn area (turf)
(a) For all residential and mixed uses, lawn area shall be limited to a
maximum of sixty (60) percent of the required landscaped open
space, as required in Section 20 -3.5. In residential zoning districts
where landscaped open space is not specified, lawn area shall be
restricted to a maximum of thirty (39_� fifty (50) percent of the net lot
area.
(b) For all office, commercial, and industrial uses, lawn area shall be
limited to a maximum of twenty (20) percent of the required landscaped
open space, as required in Section 20 -3.5. Where landscape open space is
not specified, lawn area shall be restricted to a maximum of twenty (20)
percent of the net lot area less the area covered by buildings. Vert/
drought tolerant grasses and low growing native plant species including
grasses and forbs, as referenced in the Landscape Manual may be used as
groundcover beyond the maximum permitted grass area
(c) Grass areas shall be planted in species well adopted to localized
growing conditions in Dade County. Grass areas may be sodded, plugged,
sprigged, hydromulched, or seeded, except that solid sod shall be used
in swales or other areas subject to erosion.; — I-in
areas where other than solid sold or grass seed is used, over- seeding
shall be sown for immediate effect and protection until coverage is
otherwise achieve
ExhibitA
13
(d) Exclusions from maximum permitted lawn areas:
i. stabilized grass areas used for parking;
ii. grassed areas designated on landscape plans and actively used for
sports, playgrounds or picnic areas;
iii. grassed areas in the right -of -way; and,
iv. stormwater retention /detention areas planted in grasses which are
very drought tolerant, as referenced in the Landscape Manual as well as
tolerant to wet soils.
(2) Irrigation
(a) All newly- planted and relocated plant material shall be watered by
temporary or permanent irrigation systems until such time as they are
established.
(b) Irrigation shall be prohibited within native plant communities and
natural forest communities, except for temporary systems needed to
establish newly planted material. Temporary irrigation systems shall be
disconnected immediately after the establishment of plant communities.
(c) Irrigation systems shall be designed to conserve water by allowing
differential operation 'schedules - €er -high and lew water requirement
areasbased on hydrozone.
(d) Irrigation systems shall be designed, operated, and maintained -wi-th
heads whieh de to not overthrow or overflow on -to impervious surfaces.
(e) Low trajectory spray heads, and /or low volume water distributing or
application devices, shall be used. AerialOverhead irrigation systems
shall only be permittedf-arin bonafide agricultural activity areas
planted with grass, trees, and /er- shrubbery doh }eh are ene half- -(3�) aere,
er larger in size.
(f) Gray (nen .....tab e) water shall be used where approved systems are
available.
(g)Autematie irrigatien systems shall be eapable ef being switehed te manual
during raiRy perieds, and manual irrigatien systefns shall -I--- e'-Juipped-
with autematie- shutef'f de.-V,
((g) During dry periods irrigation application rates of between one
(1) and one and one -half (1 % ) inches per week are recommended for turf
areas.
Exhibit.4 14
-- , .
(h) A moisture or rain sensor device shall be required on all irrigation
systems equipped with automatic controls.
(i) Irrigation systems shall be timed to operate only during hours and on
days permitted in Chapter 32, Code of Metrepelitan iami- -Dade County.
(J) If an irrigation system is not provided, a hose bib shall be provided
within seventy -five (75) feet of any landscape area.
(3) Street trees
ExbibitA
(a) Size and spacing Street trees shall be of a species typically grown in
Dade County which normally mature to a height of at least twenty (20)
feet. Street trees shall have a clear trunk of four (4) feet an
overall height of twelve (12) feet and a minimum caliper of two (2)
inches at time of planting, and shall be provided along all roadways at
a maximum average spacing of thirty -five (35) feet on center, except as
otherwise provided in this Chapter. Street trees are not required when
a colonnade open to the public is located within four (4) feet of the
edge of the roadway. Street trees shall be placed within the swale area.
or shall be placed on private property where demonstrated to be
necessary due to right -of -way obstructions as determined by the Public
Works Department or the appropriate authority within the municipality.
(b) The thirty -five (35) foot average spacing requirement for multiple
single - family units shall be based on the total lineal footage of
roadway for entire projects and not based on individual lot widths.
(c) Power lines. Where the height and location of overhead power lines
require the planting of low growing trees street trees shall have a,
minimum height of eight (8) feet a minimum caliper of one and one -half
(1 % ) inches at time of planting and shall meet the following
requirements:
i. Single trunk trees clear of lateral branches to four (4) feet and /or
multi -trunk trees or tree /shrubs as referenced in the Landscape Manual
cleared of foliage to a height of four (4) feet
ii. A maximum average spacing of twenty -five (25) feet on center.
iii. Maturing to a height and spread not encroaching within five (5)
feet of overhead power distribution lines
iv. Under high voltage (50kV and above) transmission lines installed
independent of underbuilt distribution lines tree height and spread
shall not exceed the minimum approach distances specified in the current
ANSI (American National Standards Institute) Z133.1 Standards as
referenced in the` ndsca a Manual.
15
d) Palms.
shall eetint as a- regnired tree en the basis of twe (-2) palms per tree
Palms which meet all of the following requirements shall count as a
required street tree on the basis of one (1) palm per tree.
i. Minimum canopy of fifteen (15) feet at maturity.
ii. Provided at an average maximum spacing of-twenty-five feet (25) feet
on center.
iii. Fourteen (14) foot minimum overall height or minimum caliper of
four (4) inches at time of planting.
It is provided however that crueen palms (5yacTrus romanzoffiana) shall
not be allowed as street trees.
No more than thirty (30) percent of the minimum tree requirements may be
met by palms.
4d-He) Thirty (30) percent of the required trees and /or palms shall be
native species.
(f) ter.. fnere than twenty (29) pereent e€ the - native tree requirements
shall be Saba! Palmette (Cabbage) .In order to prevent adverse
environmental impacts to existing native plant communities only
existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements except that Cabbage Palms
which are rescued from government approved donor sites transplanted
within the site, or commercially grown from seed shall be counted
towards the minimum tree and native plant requirements
+f+ (g) AWhen trees are planted within the right -of -way, the owners of
land adjacent to the areas where street trees are planted must maintain
those areas, including the trees, plants and sod, using pruning methods
specified in this section. A covenant executed by those owners is
required, or a Special Taxing District must be created to maintain these
areas. Where the State, County, or municipality determines that the
planting of trees and other landscape material is not appropriate in the
public right -of -way, they may require that said trees and landscape
material be placed on private property.
4-g+(h) Where trees are planted on private property, they shall be placed
within seven (7) feet of the edge of the dedicated right -of -way or
within seven (7) feet of the edge of the roadway and /or inside edge of a
sidewalk on private roads.
-Oi}(i) Consideration shall be given to the selection of trees, plants and
planting site to avoid serious problems such as clogged sewers, cracked
sidewalks, and power service interruptions.
+i)(j) Street trees ardl¬ required when a colonnade open to the public
is located within fdar (4) feet of the edge of the roadway.
Exhibit A 16
4}}(k) Street trees in the Hometown District overlay shall be located per
the street tree requirements set forth under Section 20 -7.
(4) Shading Requirements for Structures and A/C Units
Trees shall be planted to provide shade to residential structures that are
thirty -five (35) feet in height or less. At least two required lot trees shall
be positioned in the energy conservation zone as defined herein. All exterior
air conditioning units, except for air conditioning units placed on the roof,
shall be shaded by trees and /or shrubs, as referenced in the Landscape Manual.
(5) Site Trees
Tree removal permits or natural forest community vegetation removal permits
are required prior to removal of trees, specimen trees, or any vegetation in a
natural forest community, respectively, pursuant to § 20- 4.5(H) -(L).
(a) Tree size: All trees, except street trees, and trees located beneath
power lines shall be a minimum of ten (10) feet high and have a minimum
diameter at breast height (BBH)caliper of two (2) inches at the time of
planting except that thirty (30) percent of the tree requirement may be
met by native species with a minimum height of eight (8) feet and a
minimum DHHcaliper of one and one -half (1%) inches at time of planting.
(b) Minimum number of trees: The minimum number of trees required under
Section 20 -4.5 for landscape plan submittals shall be as follows:
Zoning Districts (and proposed districts)
No, of Trees
Required per
Net Acre or Lot
RS -1, RS -2
9 trees per
acre of net lot area
RS -3, RS -4
3 per lot
RT -6, RT -9, RM -18, RM -24, RO, LO, MO
28 trees per
acre of net
lot area
NR, SR, GR, PI, H, Mixed Use, TODD, CRO
22 trees per
acre of net
lot area
I (Intensive)
15 trees per
net acre of
lot area
(c) Existing trees on site required to be preserved by law and that meet the
size requirements in (a) above may be counted toward fulfilling the
minimum tree requirements.
(d) Required street — trees - and -trees €er shading of struetares shall b
eeunted t. the fninimum t, me ��TIn addition to the number
umber
of trees indicated in Table A additional trees (street trees) may be
required as provided in the previous sub- section entitled Street Trees
-(- e)-(e) Grassed areas to be used for organized sports as football, soccer
or other similar sports or playgrounds, that are clearly identified on
sitelandscape plans s ee f Bally fey aeti�ve- sperts aetivities -off
i .,.......-eu a .
p�us��» ; shall not be counted toward calculating tree requirements.
4d4 -_L) Palms of a ten (10) foot minimum overall height at time - ef
plant or ef-a nimum PMcaliper of three (3) inches at time of
ExhibitA
17
planting shall count as a required tree on the basis of two (2) palms
per tree, except as provided herein for palms used as street trees. No
more than thirty (30) percent of the minimum tree requirements may be
met by palms.
-(-e}(a) Prohibited and controlled tree species shall not be counted toward
fulfilling the minimum tree requirements. Prohibited trees shall be
removed from the site.
4-f+(h) Thirty (30) percent of the required trees and /or palms shall be
native species.
4g +(i) Ne mere than wenty (20) pereent a € —the native tree requirements
shall —be -Saba! palmette ( ge) Palm.In order to prevent adverse
environmental impacts to existing native plant communities only
existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements except that Cabbage Palms
which are rescued from government approved donor sites transplanted
within the site, or commercially grown from seed shall be counted
towards the minimum tree and native plant requirements
4ce4 -(i) Consideration shall be given to the selection of trees, plants and
planting site to avoid serious problems such as clogged sewers, cracked
sidewalks, and power service interruptions.
(6) Shrubs and Hedges - minimum standards for size, number and variety
(a) Shrubs shall be provided at a ratio of seven (7) ten (10) per required
tree. All sGhrubs shall be minimum of eighteen (18) inches in height
when measured immediately after planting.
(b) When used as a visual screen, buffer, or hHedgee. shrubs shall be
planted, as required under §20- 4.5(D) and §20- 4.5(E), at a maximum
spacing of thirty (30) inches on- center, or if planted at a minimum
height of thirty- -six (36) inches shall have a maximum average spacing
of forty -eight (48) inches on- center and shall be maintained so as to
form a continuous, unbroken, and solid visual screen within a maximum of
one year after time of planting-
(c) Shrubs and hedges shall not be necessarily of the same species.
(d) Thirty (30) percent of shrubs and hedges shall be native species.
(7) Vines - minimum standards for size and uses
Vines shall be a minimum of twelve (12) inches in length immediately after
planting and may be used in conjunction with fences, screens, or walls to meet
physical barrier requirements as specified. Planting of perimeter walls with
vines is recommended as a deterrent to painting of 'graffitti
(8) Ground Covers - minimum standards survival and hedge replacement
Ground cover plants used 'n lieu of grass, in whole or in part, shall be
planted in such a manner -to present a finished appearance and reasonable
Exhibit A
�,
18
complete coverage within one (1) year after planting.
substituted fer thirty (39) pereent ef the required shriabs at a rate ef three
(3) greend eaver plants per shrub.
9) Mulch - minimum standards for depth and required use
(a) Weed -free mulch shall be applied and maintained in a minimum three (3)
inch laver under and around all trees and shrubs, and in a minimum two
(2) inch layer under and around all planting areaground cover.
(b) The use of mulch shall be restricted to planting areas.
(c) Cypress mulch shall not be used because its harvest degrades cypress
wetlands.
(10) Buffers Between Dissimilar Land Uses- additional requirements
(a) Additional Requirement for Six -Foot Screening: Where dissimilar land
uses exist on adjacent_ properties, and where such areas will not be
entirely visually screened by an intervening building or structure from
abutting property, that portion of such area not so screened shall be
provided with a buffer consisting of a six (6) foot wall or fence with a
life expectancy of at least ten (10) years, or a hedgeshrubs which
normally grows to a minimum height of six (6) feet.
(b) Increased Standards for Hedge Size /Spacing: Where chain link fencing is
permitted, aedgeshrubs shall also be required. All sShrubs used as a
buffer shall be a minimum of thirty (30) inches in height at time of
planting, and shall be planted at a maximum spacing of thirty -six (36)
inches on center, or a minimum of thirty -six (36) inches in height at
time of planting and planted at a maximum average spacing of forty -eight
(48) inches on center. Said buffer shall form a continuous screen
between the dissimilar land ',uses within one (1) year after planting.
(c) Additional Trees Required in Buffers: Buffers screening dissimilar uses
shall include trees planted'at a maximum spacing of thirty -five (35)
feet on center within a minimum five (5) foot landscaped strip.
(11) Parking Lot Buffers
All parking lots adjacent to rights -of -way or private streets shall be
screened by a continuous hedgeplantina and /or three (3) foot high wall with a
seven (7) foot landscaped strip incorporating said hedgeplantina and /or wall
on private property. Hedges h l be mtam height of eighteen (IS) ineh-es
Planting material at time of planting shall be either a minimum height of
eighteen (18) inches, with a maximum average spacing of thirty (30) inches on
center or a minimum height of thirty -six (36) inches with a maximum average
spacing of forty -eight (48) inches on center.
(12) Landscaped Areas in Parking Lots - to exceed open space requirements
(a)
'7W__ __ required te previde t�en (10) square feet ef
ExhibitA
19
anywhere within a- parking let: subjeet to 13andseape Plan Rev Ten (10)
scruare feet of landscaped area per parking space shall be provided
within a parking lot. In order to maximize the distribution of shade
trees shall be planted throughout the interior of the parking lot at a
minimum density of one tree per eighty (80) sctuare feet of landscaped
area, exclusive of parking lot buffers. Planting areas for each tree
shall have a minimum width of five (5) feet, exclusive of the curb
dimension, and shall be planted or covered with other landscape
materials.
(b) This requirement is in addition to applicable required open space.
Planting areas shall be a minimum of twenty -five (25) square feet.
(13) Plant Quality - minimum standards
(14)
(aj_All plants installed shall conform to, or exceed, the minimum standards
for Florida Number One as provided in the most current edition of
"Grades and Standards for Nursery Plants, Part I and II," prepared by
the State of Florida'', Department of Agriculture and Consumer Services.
(b) Trees installed pursuant to this section shall have one primary vertical
trunk and secondary branches free of included bark up to a height of six
(6) feet above natural grade.
(a) Prohibited Plant Species shall not be planted and shall be removed from
any site which is subject to the rectuirements of this ordinance
(b) Controlled Plant Species shall not be planted within five hundred (500)
feet of a Natural Forest Community or native habitats as defined herein
(c) West Indian Mohagony (swietenia mahagoni) shall not be planted within
five hundred (500) feet of a rockland hammock or pine rockland
(d) Tree Abuse is prohibited. trees shall not be counted toward
fulfilling the minimum tree requirements
(15) Pruning - Trees shall be pruned in the following manner: Hat raeking e
teppi ng i hi t n d r pre r
(a) All cuts shall be clean flush and at junctions laterals or crotches
All cuts shall be made as close as possible to the trunk or parent limb
without cutting into the branch collar or leaving a protruding stub
(b) Removal of dead wood crossing branches weak or insignificant branches
and suckers shall be accomplished simultaneously with any reduction in
crown.
ExhihitA
20
(c) Cutting of lateral branches that results in the removal of more than
one -third of all branches on one side of a tree shall only be allowed if
required for hazard reduction or clearance pruning.
(d) Lifting of branches or tree thinning shall be designed to distribute
over half of the tree mass in the lower two - thirds (2/3) of the tree
(e) No more than one -third (1 /3) of a tree's living canopy shall be removed
within a one (1) year period.
(f) Trees shall be pruned according to current ANSI A300 Standards and the
Landscape Manual.
Hat vaeking-er- tepping shall net be
permitted,
that tree eredr-n
reduetion in emeess of ene third (1/3)
e€ a tree's living
perfflitted r the fel l ewi ng site eenditiens.
eanepy shan b
(a) if a tree interferes lines
with- ut}1}t er utility
(h) if a - tree - has - a -erewn die -haele ef- greater- than one -third ; erF-
(16) Stormwater Retention /Detention Areas
(a) Stormwater retention /detention areas shall be designed to maximize the
Perimeter dimension, where feasible.
(b) Stormwater retention /detention areas shall be planted throughout with
native herbaceous facultative plants with the following exceptions:
i. In areas that are designated and actively used for play and /or picnic
areas, overflow parking or sports shall be planted with grasses which
are very drought tolerant as referenced in the Landscape Manual as
well as tolerant to wet soils.
ii. In areas where the minimum required stormwater retention capacity
would be adversely affected
(c) The minimum required number of native herbaceous facultative plants
shall be one plant per square foot of retention /detention area
including the slope. Minimum required herbaceous plant container size
shall be one and one -half (1 % ) inches commonly referred to as a
liner. Sprigging seeding plugging hydro- mulching or sodding with
native herbaceous facultative plants grown from local seed sources may
be used in lieu of liners. Herbaceous plants shall be planted in such a
manner as to present a finished appearance and reasonably complete
coverage within one (1) year after planting
(d) Native facultative trees or shrubs may be used in lieu of native
herbaceous facultative plants provided that the minimum required
stormwater retention capacity is not adversely affected
Exhibit ,4
21
(E) Landscape Requirements - City Standards for Parking Lot Areas
All vehicular use areas, except those which are located within or beneath structures
and those serving single - family or two - family residential uses, shall conform to the
minimum landscaping requirements of this sub - section.
To ensure that required landscaping in vehicular use areas is used to its greatest
potential in relieving the monotony of and insuring circulation safety within such
areas, the following standards are set forth:
(1) Interior Improvements
(a) When the interior of any vehicular use area is designed for purposes
other than off - street parking, such as a service station, drive -in
banking or drive - through retailing, an area or combination of areas
equal to not less than ten (10) per cent of the total vehicular use
area, exclusive of perimeter landscape buffers, shall be devoted to
interior landscaping.
(b) When the interior of any vehicular use area is designed for off - street
parking purposes, the following landscaping elements shall be required
in lieu of percentage requirements:
i. Curbed terminal islands shall be located at both ends of rows of
contiguous spaces. Such islands shall be not less than five (5) feet in
width and extend the entire length of the spaces. Each terminal island
shall have at least one (1) tree for every ninety (90) square feet of
area, or portion thereof, and be covered with grass or ground cover as
needed to meet requirements under § 20- 4.5(D)(1).
ii. Curbed interior islands, which measure not less than five (5) feet in
width and extend the entire length of the parking space, shall be
located within rows of contiguous spaces. There shall be at least one
(1) interior island for every eight (8) spaces within each row. Interior
islands shall be placed at intervals of not less than six (6) nor more
than ten (10) spaces, but shall not be required in rows containing six
(6) contiguous spaces or less. Each interior island shall have at least
one (1) tree for every ninety (90) square feet of area, or portion
thereof, and be landscaped with grass or ground cover as needed to meet
requirements under § 20- 4.5(D)(1).
iii. Interior islands need not be placed directly opposite each other when in
abutting parking rows. Any design arrangement which relieves monotony or
increases tree coverage of the vehicular use area is permissible.
(2) Triangles of Visibility
(a) All landscaping within required Triangles of Visibility, as defined in
§ 20- 3.6(G), shall provide unobstructed cross - visibility at a height of
between three (3) and six (6) feet.
(b) Trees having over sk _ (6) feet of clear trunk, with limbs and foliage
Exhibit.
22
trimmed in such a manner as not to extend into Triangles of Visibility,
shall be permitted in said areas, provided that they in no way create a
traffic hazard.
(c) No landscaping elements, except for grass or ground cover, shall be
located within three (3) feet of any accessway.
(3) Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas
(a) Landscaped areas shall be protected from the overhang of parked
vehicles. Where such protection is necessary, reinforced concrete wheel
stops or an approved continuous curbing of not less than five (5) inches
in height shall be installed to prevent such overhang.
(b) Concrete wheel stops shall be permanently anchored to the ground and
located not less than thirty (30) inches from landscaped areas.
(c) If the overhang area is left unpaved, it shall be landscaped according
to this section and the abutting required perimeter buffer or divider
median may be four (4) feet in width.
(F) Landscape Plans Review Criteria
Landscape plans shall be reviewed by the Planning Division in accordance with the
following goals and objectives, and the guidelines and illustrations provided in the
Landscape Manual [published by Metropolitan Dade County, Florida].
(1) Landscape design shall enhance architectural features, relate structure design
to the site, visually screen dissimilar uses and unsightly views, reduce noise
impacts from major roadways and incompatible uses, strengthen important vistas
and reinforce neighboring site design and architecture.
(2) Existing specimen trees, native vegetation (including canopy, understory, and
ground cover) and Natural Forest Communities shall be preserved to the maximum
extent possible and all requirements of § 20- 4.5(H) through (L).
(3) In order to conserve water, reduce maintenance, and promote plant health
plant species shall be selected and installed based on their water needs
growth rate and size, and resource inputs Plants with similar water needs
shall be grouped in hvdrozones Adequate growth area based on natural mature
shape and size shall be provided for all plant materials the plan shall
(4) The plan shall include the use of native plant species in order to re-
establish an aesthetic regional quality and take advantage of the unique
diversity and adaptability of native species to the environmental conditions
of South Florida. Where feasible, the re- establishment of native habitats
shall be incorporated into the landscape plan.
ExhibitA
23
(5) Trees and shrubs shall be planted in the energy conservation zone where
feasible, in order used to reduce energy consumption by shading buildings and
shall be used to reduce heat island effects by shading paved surfaces.
(6) Street trees shall be used to shade roadways and provide visual order. Where
feasible, selected species shall be sued to establish a road hierarchy by
defining different road types.
(7) Plant speeies apprepriate te a site's
Special attention shall be given to the use of appropriate species located
under or adiacent to overhead util lines, near native plant
communities, and near sep-tie tanks and sewer underground utility lines.
Adequate growth area shall be provided for all plant materials. Trees shall
net enereaeh -at a- distaeee greater than ten (19) feet €rem aRy e-,Ferhead
utility line at maturit .
(8) Landscaping shall be designed in such a way as to provide safe and
unobstructed views at intersections of roadways, driveways, recreational
paths, and sidewalks in accordance with § 20- 3.6(G).
(9) Historic landscapes and landscape features designated by the local, State, or
the Federal government shall be preserved.
(G) Certificate of Compliance Required - Adjustment to Requirements Permitted
(1) A Preparer's Certificateion of Landscape Compliance in the — €erm e€ a 1ette
bearing the original letterhead of the designing firm and licensing number
shall be submitted to and approved by the Planning Division, prior to issuance
of any final Certificate of Occupancy, Certificate of Use and Occupancy or
Certificate of Completion. The Preparer's Certificateion of Landscape
Compliance shall contain a statement, signed and sealed by the landscape
architect or by person(s) authorized to prepare plans by Chapter 481, Florida
Statutes, who prepared the approved plans, that the landscape and irrigation
plans have been implemented and that all requirements of Section 20 -4.5 have
been met. Any changes or substitutions to the approved plan shall be approved
by the original designing firm prior to the implementation of said changes and
substitutions. All changes'or substitutions to the approved plan shall be
noted on all copies. Changes and substitutions of plant material shall be of
similar quality, quantity and size, as originally approved and shall be in
compliance with the intent and requirements of Section 20 -4.5.
(2) For a new single- family, duplex residence on its own lot or applicable
existing development, the owner or owner's agent may certify in writing that
landscape and irrigation have been installed according to approved plan(s).
(3) The Planning Division shall have the right to inspect all projects for
compliance prior to issuance of a Certificate of Occupancy, a Certificate of
Use and Occupancy, or a Certificate of Completion.
(4) Owners are responsible to ensure that landscaping required to be planted in
Section 20 -4.5, and all previous versions, now amended, is: (1) installed in
compliance with the landscape requirements; (2) maintained as to present a
healthy, vigorous, and n t appearance free from refuse and debris; and (3)
ExNbitA
24
sufficiently fertilized and watered to maintain the plant material in a
healthy condition.
(5) If any tree or plant dies which is being used to satisfy current landscape
code requirements, such tree or plant shall be replaced with the same
landscape material or an approved substitute.
(6) The Planning Division shall withhold approval of a final landscape inspection
prior to issuance of the final Certificate of Occupancy, Certificate of Use
and Occupancy, or Certificate of Completion until a Preparer's Certificateion
of Landscape Compliance has been approved by the Division.
(7) The Environmental Review & Preservation Board [E.R.P.B.] may adjust the
requirements of Sections 20- 4.5(D) &(E) under the following procedures:
(a) The E.R.P.B. 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 adjustments 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. shall follow 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 re EXEMPT from tree removal permits:
Exhibit A
25
(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,
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;
4b4(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;
4 -e+(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;
44 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 guaja. (guava);
Exhibit A 26
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 Resources 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 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 person, 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
-{}}(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;
-(-m}(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;
4i+4-(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.
-fe+fk) Any action which occurred prior to February 21, 1989, shall not
constitute a violation of Section 20 -4.5 (H) through (L).
L'xhibit A 27
(I) Tree 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.
(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 2,0 -4.5;
(c) All plans clearly specify !,conditions, limitations and restrictions
required , and that the permit applicant acknowledges, understands and
fully agrees to comply 'wit h 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 (1151)
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 performa a bonds shall remain in force for a minimum of
either one (1.year after the actual completion date of the
Exhibit .4
28
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.
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
determine whether the site contains any portion of a Natural Forest
Community, trees subject to protection, or specimen tree(s);
(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 Environmental 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 canopy coverage of a site shall be determined by review of
aerial photography, on -site inspection, or review of a tree survey.
ExhihitA 29
pxq
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 below for explanation)
Portion of Impact Area for which
Each Replacement Tree 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
I.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.
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.
0
Exhibit A
u
KC
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 enhancement 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 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.
(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.
Exhibit,4
(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 der normal growing conditions.
31
(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
reasonably 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 configuration 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 plani
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
space.
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 specimen tree(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 requir, ents for specimen trees. As a condition of the
issuance of a tree moval permit for the removal of specimen trees,
Exhibit ,4
32
tree replacement requirements 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) specimen tree, 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
replacements and relocations, and all property lines, proposed and
existing structures, driveways and utility easements; and,
(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 th intent to maintain tree canopy.
Exhihittl
33
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 Cover
Portion of Impact Area for which
Each Shrub /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(1)(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).
(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 followi .minimum standards:
Exhibit A
34
(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 apply to such relocated trees. All
relocated trees shall meet the standards set forth above.
(L)Tree Protection - Required Barriers
During site development, protection requirements for 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 specified by the Planning Division.
(2) Protective barriers shall be a minimum of four (4) feet above ground level and
shall be constructed of od, plastic or metal, and shall remain in place
Exhibit A
35
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.
(4) No excess oil, fill, equipment, building materials or building debris shall be
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, protection, 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.
Exl ibit,4
36
L
(N) Violations of Section 20 -4.5
(1) The Planning Division shall charge and collect permit fees and trust fund
contributions. 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.
(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.
Exhibit A
37
t
t
'METROPOLITAN DADE COUNTY, FLORIDA
METRO• E 9,•F
® STEPHEN P. CLARK CENTER
DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION
111 NW 1 ST STREET
SUITE 1110
MIAMI FLORIDA 3312 8-1974
(305) 375 -2500
FAX (305) 375 -2795
February 6, 1998
Ms. Diana Morris
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Ms. Morris:
gi,FcayvE
-I ? 1998
- i Y MANAGER'S OFFICE
Enclosed is a copy of the amendments to Chapter 18A, the Miami -Dade County Landscape Code,
which the Board of County Commissioners adopted January 13, 1998. Also enclosed is a copy of
the above referenced ordinance No. 98 -13 for your information which will become effective
seventy (70) days after the date of enactment.
Staff has scheduled a workshop on February 25, 1998 at the Stephen P. Clark Center, 111 NW 1
Street, Miami, Florida, Suite 1220, Conference Room 1 from 10:00 AM to 12 :00 Noon. A short
presentation will be made; however, most of the time will be devoted to answering questions
from the participants attending the workshop.
We encourage your participation I in this workshop and are available to answer questions at
anytime. Please direct your questions to Walter F. Geiger, Chief of the Area/Special Studies
Section in the Department at 375 -2805.
Sincerely,
epartm4nt of Planning, Development
and Regulation
Enclosure
GEO: WFG:kkt
SMOM04.A
MEMORANDUM
Substitute
kgenda Item No. 4(W)
To: Honorable Chairperson and Members Date: January 13, 1998
Board of County Commissioners
From: Armando Vid , E. Subject: Ordinance Updating Chapter 18A
County (Landscape Code)
98.13
RECOMMENDATION
It is recommended that the Board of County Commissioners approve the attached substitute
ordinance updating Chapter 18A, Landscape Ordinance, Code of Metropolitan Dade County.
BACKGROUND
Chapter 18A is a countywide ordinance, approved by the Board of County Commissioners
December 5, 1995, establishing minimum landscape standards for properties outside the
public right -of -way. At the public hearing, staff of the Department of Planning, Development
and Regulation (DPDR) agreed to meet with municipalities, citizens, environmentalists,
design professionals, building industry representatives, and other interested parties one ;ear
after its effective date in order to review the ordinance and prepare necessary modifications.
The minimum landscape standards became a permit requirement in February 1996.
As agreed when the ordinance was adopted in early 1997, interested parties were mailed a
letter notifying them of the initial landscape ordinance review meeting to be held on May 15,
1997. This meeting was attended by approximately 40 individuals, 30 of whom agreed to
serve on one of three committees that were formed during the meeting in an effort to break
the review process into workable units. A total of 24 committee meetings were subsequently
held between June, July and August, providing the community with 350 hours of citizen and
corporate volunteer work. In addition, staff of DPDR, Department of Environmental
Resources Management, Park and Recreation, Public Works Department, the Cooperative
Extension Service Division, and the Dade County School Board collectively spent 250 hours
of time in committee meetings. Below is a list of those individuals and organizations
involved in the review. The proposed modification represents a consensus of all committee
members. The committee was unable to reach agreement on the larger issue of native trees;
however, the committee is continuing to meet 'to reach a final agreement.' Subsequent
modification will be recommended in early 1998.
County staff and the voluntur committee members have recommended many changes;
however, most are only for cla' cation. Many of the definitions have been clarified, several
new definitions have been added and a few were deleted. The section on required landscape
plans has been clarified and expanded to provide a faster and more comprehensive review.
The amount of turf or grass permitted has been expanded to provide more flexibility. The
tree survey requirement was changed to a vegetation survey to be more comprehensive. The
1
Board of County Commissioners
Page 2
number and size of trees remains basically the same. The number of shrubs increased from 7
to 10 per required tree. A new section has been added for stormwater retention/detention
areas. The landscape maintenance section has been expanded and clarified. A table has been
added that provides both the required trees and maximum sod area permitted in a more
readable format. Overall, these provisions provide a more practical and enforceable
landscape code.
The proposed changes will not have any appreciable fiscal impact on Dade County.
Enforcement of these provisions will be easier as a result of greater definition and
clarification.
Attachments
Dade Countv Landscape Ordinance Review Committee Volunteers and Coordinator
Name
Affiliation
Cindy Dwyer
FAU Graduate Fellowship student (Coordinator)
Javier Acevedo
City of North Miami Beach
Charles Alden
Landscape Architect
Ted Baker
Florida International University
Ada Bill
Florida Power & Light
Ken Bina
Florida Irrigation Society
Monroe Birdsey
Citizen/Botanist
Charles Buckles
City of Miami Beach
Tammy Cook
American Society of Landscape Architects
Joyce Gann
Native Plant Society/Florida Nurserymen & Growers Association
Chris Heid
City of North Miami Beach
Steven James
American Society of Landscape Architects
Don Jones
Native Plant Society
Richard Kelly
Hushes Supply/Florida Irrigation Society
Jeff Klein
Florida Nurserymen & Growers Association
Charles Levy
Continental Homes
Charles Martinez
Caribe Group
Nancy Masterson
American Forrest
Jim McMaster
Friends of the Everglades
Richard Neff
Florida Irrigation Society
Enrique Nunez
City of Miami
Jack Parker
Florida International University
Steve Pearson
Miami Beautification Committee
Jacqueline Pepper
Architect/Community Council #14 Member
Cliff Quinn
Florida Irrigation Society
Sean Redding
Florida Power & Light
Karsten Rist
Tropical Audubon Society
Carlos Rivero
City of North Miami Beach
Tom Robinson
Citizen
Manny;; Rodriguez
Florida Power & Light
Bill Rosenberg
Rosenberg Design Group
Larry Schokman
Tropical Flowering Tree Society
Brian Soltz
City of South Miami
Jim Shafer
Ludovici and Orange/Builders Association of South Florida
Tim Sheehan
American Society of Landscape Architects
Bill Slaymaker
Florida Power & Light
Lam Stuart
R nd Tropical Gardens and Botanical Foundation, Inc.
Daniel` Williams
AIA Architects/Committee on Environment and Energy
Charles Yorgalevitch
South Dade Soil and Water Conservation District
WGKT36SAM
Approved Mayor Substitute
Veto Agenda Item No. 4(W)
1-13-98 -
Override
ORDINANCE NO. 98 - 13
ORDINANCE . PERTAINING TO LANDSCAPING
REGULATIONS FOR THE INCORPORATED AND
UNINCORPORATED AREA OF DADE COUNTY; AMENDING
CHAPTER 18A CODE OF METROPOLITAN DADE COUNTY;
AMENDING DEFINITIONS, PLANS REQUIRED, TREE
REMOVAL AND PRESERVATION, MINIMUM STANDARDS,
LANDSCAPE PLAN REVIEW CRITERIA, CERTIFICATE OF
COMPLIANCE, COMMITTEE OF LANDSCAPE ADJUSTMENT,
LANDSCAPE MAINTENANCE, PROHIBITION,
ENFORCEMENT; DELETING SUNSET PROVISION
PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA:
Section 1. Chapter 18A of the Code of Metropolitan Dade County, Florida, (Landscape Ordinance)
is hereby amended to read as follows:'
Sec. 18A -1. Short Title and Applicability.
(A) This ordinance shall be known and may be cited as the "Dade County Landscape
Ordinance ".
(B) Applicability.
(1) This ordinance shall be a minimum standard and shall apply to both the
incorporated and unincorporated areas, and in the uhincorporated area shall
be enforced by the County and.in the incorporated areas shall be enforced
by the municipalities; provided, any municipality may establish and enforce
more stringent regulations as such municipality may deem necessary; and in
the event the provisions hereof are not enforced within any municipality,
the County shall enforce same.
(2) The provisions of this ordinance shall be considered . minimum standards
and shall apply to all public and private development when a permit is
required, except for the following:
(a) Existing attached and detached single family and duplex dwellings,
in ding any future additions or expansions shall be exempt from
the'Pl0visions of this ordinance.
Words stricken through and/or [[doubli bracketed]] shall be deleted. Words underscored and/or
>>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect
and shall remain unchanged.
Substitute
Agenda Item No. 4M
Page No. 2
(b) Bonafide agricultural activities. Any [[pefieft -e�] property [[gyp
receiving an agricultural classification and assessment pursuant to
Sec. 193.461 F.S. [[,
X1] », substantiated by a plan submitted indicating the
area with the agricultural classification.<<
(3) Existing development as defined in Sec. 18A- 3[[(N)]] »(Q)« shall only be
required to comply with the street tree requirements of Section 18A- 6(C)(2)
and parking lot buffers of Section 18A =6(I). This requirement shall not
apply to existing attached and detached single family and duplex dwellings
pursuant to subsection (2xa) above. Parking lot buffer will not be required
if inadequate area exists which will cause the elimination of any required
parking pursuant to County or municipal code. The provisions of this
subsection shall only apply where a building permit is required for external
alterations or where a paving permit is required for expansion of parking
areas. Routine maintenance such as re- roofing and painting shall not be
considered external alterations.
Sec. 18A -2. Purpose and Intent.
It is the intent of this ordinance to establish minimum landscape standards for Incorporated
and Unincorporated Dade County that enhance, improve and maintain the quality of the
landscape, and to:
(A) Promote xeriscape principles through the use of drought - tolerant landscape species,
grouping of plant material by water requirements, the use of irrigation systems that
conserve the use of potable and non potable water supplies and restrictions on the
amount of lawn areas.
(B) Use landscape material, specifically' street trees, to visually define the hierarchy of
roadways, and to provide shade and a visual edge along roadways.
(C) Prevent the destruction of the community's existing tree canopy and promote its
expansion.
(D) Provide for the preservation of existing natural forest communities and specimen
sized trees in conformance with Chapter 24 -60, as may be amended from time to
time; re- establish native habitat where appropriate, and encourage the appropriate
use of native plant material in the landscape. -
(E) Promote the use of trees and shrubs for energy conservation by encouraging cooling
through the provision of shade and the channeling of breezes, thereby helping to
offset global warming and local heat island effects through the added absorption of
carbon dioxide and reduction of heat islands.
(F) Contribute to the p cesses of air movement, air purification, oxygen regeneration,
ground water recharge, and stormwater runoff retention, while aiding in the
abatement of noise, glare, heat, air pollution and dust generated by major roadways
and intense use areas.
Substitute
Agenda Item No. 4(W)
Page No. 3
(G) Improve the aesthetic appearance of commercial, industrial and residential
development through the use of plant material, thereby protecting and increasing
property values within the community, and protecting designated historic
landscapes.
(H) Reduce the negative impacts of exotic pest plant species and prohibit the use of
noxious exotic plants which invade native plant communities.
(I) Promote the use of trees to protect and buffer the effects of high winds on
structures.
(n Promote the concept of planting the right tree or plant in the right place to avoid
problems such as clogged sewers, cracked sidewalks and power services
interruptions.
Sec. 18A -3. Definitions.
The definitions contained in Chapters 24 and 33, Code of Metropolitan Dade County,
Florida, shall apply to this ordinance except as otherwise changed herein:
(A) Accessways: The maximum width of an accessway through the perimeter
landscaped strip to an off - street parking or other vehicular use area shall be
determined according to the Public Works Manual, Part I, Standard Details. No
more than one (1) two -way accessway shall be permitted for any street frontage up
to one hundred (100) lineal feet or no more than two (2) one -way accessways shall
be permitted for any street frontage up to one hundred (100) lineal feet, such
standards to be applicable to any property under one (I.) ownership. Where such
ownership involves •over one hundred (100) feet- of street frontage, one (1)
additional two -way or two (2) additional one -way drives may be permitted for each.
(B) Automatic irrigation system: An irrigation system with a programmable controller
or timing mechanism.
(C) Bonafide agricultural activities: Land used for the growing of food crops, nurseries
for the growing of landscape material, the raising of livestock, horse farms, and
other good faith agricultural uses, except any portion of the property not eligible for
agricultural exemption.
(D) Buffer, perimeter landscape: An area of land which is set aside along the perimeter
of a parcel of land in which landscaping is required to provide an aesthetic
transition between different land uses and to eliminate or reduce the adverse
environmental impact, and incompatible land use impacts.
(E) »Caliper. For trees under four (4) inches in diameter, the trunk diameter measured at
(F) >> Clearance pruning: Prunine required to avoid damage or danger related to
structures, power distribution and property, as defined in the current ANSI A300
Standards.<<
i
Substitute
Agenda Item No. 4(W)
Page No. 4
[[(F,)]] >>Q)« Colonnade: A roof or building structure, extending over the sidewalk, open to the
street and sidewalk, except for supporting columns or piers.
[[(I:)]] »(i)« Common open space: Area required as open space under Chapter 33 >>—or
municipal codes<< for various zoning districts.
[[(r,)]] »(>« Controlled [[12]]>>p «lant [[S]] >>s <<pecies: Those plant species listed in the
Landscape Manual which tend to become nuisances because of their ability to
invade proximal native plant communities >>or native habitats.<< but which, if
located and cultivated properly may be useful or functional as elements of
landscape design.
[[(H)]] >>(>« Diameter at breast height (DBH): Diameter of a tree's trunk measured at a [[floifftl]
» height<< four and one -half (4.5) feet [[
gee -a4]] >>above<< natural grade. In the case of multiple -trunk trees, the DBH
shall mean the sum of each trunk's diameter measured at [[pert- ef– petntsJ] >>a
height <<four and one -half (4.5) feet [(
a4]] >>above<< natural.grade.
[[(44]] >>U<< Differential operation schedule: A method of scheduling an irrigation system to
apply different quantities of water, and /or apply water at different frequencies, as
appropriate, for different hydrozones.
[[(3)]] >>Q<< Dissimilar land uses: Proximate or directly associated land uses which are
contradictory, incongruous, or discordant such as higher intensity residential,
commercial or industrial uses located adjacent to lower intensity uses.
[[(Y.)]] »(M)« Drip line: An imaginary vertical line extending from the outermost horizontal
circumference of a tree's lunches to the ground.
[[(I.)]] >>O<< Duplex dwelling: A residence building designed for, or used as the separate homes
or residences of two (2) separate and distinct families, but having the appearance of
a single family dwelling house. Each individual unit in the duplex shall comply
with the definition for a one family dwelling.
[t(-3
GOFS q)
[[(W)]] »(0)<< Existing development: Existing development shall mean a site -with structures that
were legally approved through the issuance of a Certificate of Use and Occupancy
or a Certificate of Completion as of the effective date of this ordinance.
(, Energy conservation zone: A zone located no more than twenty-two (22) feet from
e et... ++ _ ._ _ run A- . .. -
structure, to cue sots to due west of the northwest -point of the structure <<
?I
»(Q) Facultative: Plants with a similar likelihood of occurring in both wetlands and
uulands, which are not recognized indicators of either wetland or upland
conditions.<<
Substitute
Agenda Item No. 4(W)
Page No. 5
»ffij Forbs: Herbaceous plants other than grasses.<<
([(e)]]» (D« Geologic feature: A natural rock or mineral formation.
>>(]D Gray water: That portion of domestic sewage emanating from residential showers
residential bathroom washbasins, or residential clothes washing machines <<
[[(P)Il» W<< Ground cover: A dense, extensive growth of low- growing plants, other than
turfgrass, normally reaching an average maximum height of not more than
twenty- four(24) inches at maturity.
[[( @)II >>(Y)<< Hatrack[[
,]I »:To flat -cut the too of a tree severing
the leader or leaders.<< or the removal of any branch three, (3) inches or greater in
diameter at any point other than the branch collar.
>>M Hazard pruning: The removal of dead diseased decayed or obviously weak
branches two (2) inches in diameter or greater
[[(P.)]]» (U« Heat island: An unnaturally high temperature microclimate resulting from radiation
from unshaded impervious surfaces.
>>(Y)<< Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs,
not necessarily of the same species.
»(Z Herbaceous olant: A plant having little or no woody tissue <<
>> AA
»LaBI
> >(CCj Included bark: Bark that is pushed inside a developing crotch causing a weakened
structure.«
»LD) Irrigation detail: A graphic representation depicting the materials to be used and
dimensions to be met in the installation of the irrigation system.<<
[[(-T)1] » (EE,)« Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating
location and specification of irrigation system components and other relevant
information as required by this ordinance.
[M MI »QE)<< Irrigation system: A system of pipes or other conduits designed to transport and
distribute water to keep plants in a healthy and vigorous condition.
[(( )]] »U« Landscape feature.'ATrellis, arbor, fountain, pond, garden sculpture, garden fighting,
P g B g,
decking, patio, decorative paving, gazebo and other similar elements.
Substitute
Agenda Item No. 4(W)
Page No. 6
[[(W4]] »(U« Landscape material: Plants such as grass, ground cover, »fortis.« shrubs, vines,
hedges, trees and non - living material such as rocks, pebbles, sand, mulch, or
>>pervious« decorative paving materials.
[[(y.)]] >>(L1)<< Landscape plan: A plan indicating all landscape areas, >>stormwater
retention/detention areas, areas. which Qualify to be excluded from maximum
permitted lawn area,<< existing vegetation to be retained, proposed plant material,
»landscape legend << landscape features, planting specifications >>and details <<,
and all other relevant information in compliance with this ordinance.
[[(*)]]>>(g)<< Lawn area: An area planted with lawn grasses.
[[(Z)]J »(KK)« Manual irrigation system: An irrigation system in which control valves and
switches are manually operated rather than operated by automatic controls.
[[( )ll »()«Mixed use: A mixture of land uses such as provided in Traditional Neighborhood
Development (T ND), Planned Area Development (PAD), and Planned
Development (PD).
[[($8)]J »(MNl)<< Moisture >>and rain<< sensor switch >>es <: [I ]l »D« [[dJJevices which
ha >>ve «[[s]] the ability to switch off an automatic :irrigation controller after
receiving a »pre«determined amount of rainfall[[ -]] >>or moisture content in the
soil.<< '
[[(r_C-)J]>> Na21 «Mulch: Non - living organic materials customarily used in landscape design to retard
erosion, weed infestation, and retain moisture and for use in [(pmhways and pley J]
» lap ntin¢« areas.
[[($g)]] »(pp) «Multifamily residential development: Any residential development other than
attached or detached single family or duplex.
[[( &&)]J »(PP)« Multiple single family developments: Attached' and detached single family
developments that are planned as a total project and not as a single family unit on a
single lot.'
[[(;:F)]] »( < Native habitat: An area enhanced or landscaped with an appropriate mix of native
tree, shrub and groundcover species that resembles a >>native plant community or<<
natural forest community in structure and composition or is naturally occurring. [[;
.11
[[(66)]] »(1) «Native plant species: Plant species with a geographic distribution indigenous to all
or part of Dade County. Plants which are described as being native to Dade County
in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by
Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P. B.
Tomlinson, are native plant species within the meaning of this definition. Plant
species which have been introduced into Dade County by man are not native plant
species.
1
[[(49)]J >>(LS)«Native plant community: A natural association of plants dominated by one or more
prominent native plant species, or a characteristic physical attribute.
Substitute
Agenda Item No. 4(W)
Page No 7
[[(14)11» (]Zj« Natural forest community: All assemblages of vegetation designated as Natural
Forest Communities on the Dade County Natural Forest Community Maps and
approved by the Board of County Commissioners, pursuant to Resolution No.
R- 1764 -84 and further defined in Section 24 -3 of the Dade County Code.
[[(Ji)]1 > >U« Net lot area: For the purpose of this ordinance, net lot area shall be the area within
lot boundaries of ail lands comprising the site. Net lot area shall not include any
portion of the abutting dedicated streets. alleys, waterways, canals, lakes or any
other such dedications.
([(KK)]) »(VV) «One family dwelling: A private residence building used or intended to be used as a
home or residence in which all living rooms are accessible to each other from
within the building and in which the use and management of all sleeping quarters,
all appliances for sanitation, cooking, ventilating, heating or lighting are designed
for the use of one family only.
>>( WW) Overhead irrigation system: A high aressure high volume irrigation system
a
»LXj Planting detail: A graphic representation of the plant installation depicting the
materials to be used and dimensions to be met in-the l2lacement of plants and other
landscape' materials
[[(MM)ll »(U« Prohibited plant species: Those plant species listed in the Landscape Manual which
are demonstrably detrimental to native- plants, native wildlife, ecosystems, or human
health, safety, and welfare.
[[(14)l1»U« Shrub: A self- supporting woody perennial plant normally growing to a height of
twenty -four (24) inches or greater. characterized by multiple stems and branches
continuous from the base.
[[(9A)1l» AAA < Site plan: A comprehensive 'plan drawn to scale indicating appropriate site
elevations, roadways, and location of all relevant site improvements including
structures, parking, other paved ,areas, ingress and egress drives, landscaped open
space and signage.
[[(i RJ>> B( BB)<< Specimen tree: A tree with any individual trunk which has. a DBH of eighteen (18)
inches or greater, but not including the following:
(1) All trees listed in Section 24- 60(4)(f);
(2) Non- native fruit trees that are cultivated or grown for the specific purpose
of producing edible fruit, including, but not limited to, mangos, avocados,
or species of citrus;
(3) Non -nati pecies of the genus Ficus, and .
(4) All multitr `k trees in the palm family, except Accelorrhaphe wrightii
which have a minimum overall height of fifteen (15) feet.
>> C( CC) Snrav head: An irrigation device which applies water to the soil or Plant surface by
fixed spray or mist nozzles
Substitute
Agenda Item No. 4(W)
Page No. 8
[[(QQ)]]» D( DD << Stabilized lawn area: An area of ground underlain with structural support in the
form of grass pavers or stabilized soil prepared to withstand the load of intended
vehicular use, such as automobiles, fire trucks and garbage trucks.
>> E( EE)' Stormwater retention/detention area: An area designed, built and used for
temporary storage -of stormwater. For purposes of this ordinance, these areas are
intended to be permanently exempt from wetland regulations. <<
[[E4
ftIORg •]'l
>> F( FF) Tree abuse. Tree abuse shall include:
(1) Damage inflicted upon any part of a tree, including the root system, by
machinery, construction equipment, cambium laver penetration, storage of .
materials, soil compaction, excavation, chemical application or spillage, or change
to the natural grade.
(2) Hatracking.
(3) Girdling or bark removal of more than one -third (1/3) of the tree diameter.
(4) Tears and solitting of limb ends or peeling and stripping of bark resulting from
improper pruning techniques not in accordance with the current ANSI A300
Standards.<<
[[(SS)ll» G( GG)<< Tree canopy cover: The aerial extent of the branches and foliage of a tree.
[[(UU)]] >>(HHH)<< Temporary irrigation systems: A system including surface distribution elements
(hose, pipe, etc.) which may be easily removed when landscape is established.
[[(3X)]p> I( II)« Understory: The complex of woody, fibrous, and herbaceous plant species that are
typically associated with a natural forest community, native plant community, or
native habitat.
[[(x)11 >> JJ «Vegetation required to be preserved by law: Portions of a site, including but not
limited to Specimen Trees, Natural Forest Communities and native vegetation
which are clearly delineated on site plans, plats, or recorded restrictions, or in some
other legally binding manner that are to be protected from any tree or understory
removal or effective destruction and maintained without any development.
[[wee]] »Vegetation« survey: A drawing >> rop vided« at the same scale as the
[[s4j] >>landsc << plan ([suffiliesiens- ta- pr-evidell >>which includes<< [[
€ellewingj] >>relev" -t« information >>as required by this ordinance <<:
('0
Substitute
Agenda Item No. 4(W)
Page No. 9
[[(44 ,
.
[[(,XX)l]» L( LL << Vehicular Use Area: A hard surface area designed or used for off - street parking
and/or an area used for loading, circulation, access, storage, including fire trucks,
garbage trucks, or display of motor vehicles.
[[( **)]]>> M( MM)« Vine: A plant with a flexible stem which normally requires support to reach mature
form.
Sec. 18A4. Plans Required.
(A) General.
Landscape plan(s) and where required, an irrigation plan pursuant to 18A -4(D), shall be
approved by the Department of ,Planning, Development and Regulation, or by the
corresponding department (s) in the municipalities, prior to the issuance of any building
permit or paving for new parking areas or expansion of existing parking areas.
(B) Landscape Plans.
[[(44
(([all " ! «) [ - -eye]] >>Owner - builder single<< family or duplex dwelling: [[l e]a
[[}]] >>L <<andscape plan > >Ls)« submitted for [[a]] new one family or duplex
dwellings may be in the form of a plot plan or drawing prepared by the owner or the
owners representative, provided however, developments_ requiring site plan
approval pursuant to administrative site plan review or public hearing by Chapter 33
shall meet the requirements of subsection l8A- 4(Bx »2 <<[[3]] )>> and Chanter 481,
Florida Statutes.<<
([[3]] »2 <<) All other [[ffowjl development: The landscape plan for [[etef -aew ] development
other than provideor in subsection[[sl] (1) [[a*d-(24]1 above, shall be prepared by,
and bear the seal. - , a landscape architect Licensed to practice in the State of
Florida, or by persons authorized >>bv Chapter 481, Florida Statutes <<, to prepare
landscape plans or drawings [[ ]l. >>Preliminary<<
[[ill > >l< <andscape plans shall be »provided as part of the submission for site plan
Substitute
Agenda Item No. 4(W)
Page No. 10
a roval<< [[ ]]
and« [[Sueh plafis]l shall:
[[($3 ,
ter.
E83
Skew all Widseape fe&WRS,
Rafne,
size,
MhOF
(0)
, pe&kig
spaseS,
OF
,
, the 18884ion
Eg3
f4) DesigRate leewieR,
Skew all Widseape fe&WRS,
Rafne,
size,
(0)
f3
Skew all Widseape fe&WRS,
Eg3
(4)
, , ; SqUftFS fG816@8 Bfp&VSd ffOM-; and
]]
>> (a) Be drawn to scale and include property boundaries north arrow, graphic scale
and date. -
(b) Include a vegetation survey, including an aerial photograph which outlines the
subiect site, provided at the same scale-as the landscape plan
(c) Delineate existing and proposed structures aarking spaces accessways and other
Ld)_Indicate the common and scientific name and quantity of plants to be installed
using "Landscaae Legend" code format as prescribed by the Director of the
Department of Planning. Development and Regulation
�t
, , ; SqUftFS fG816@8 Bfp&VSd ffOM-; and
]]
>> (a) Be drawn to scale and include property boundaries north arrow, graphic scale
and date. -
(b) Include a vegetation survey, including an aerial photograph which outlines the
subiect site, provided at the same scale-as the landscape plan
(c) Delineate existing and proposed structures aarking spaces accessways and other
Ld)_Indicate the common and scientific name and quantity of plants to be installed
using "Landscaae Legend" code format as prescribed by the Director of the
Department of Planning. Development and Regulation
�t
Substitute
Agenda Item No. 4(W)
Page No. I I
(e) Identifv all landscape features and non - living landscape materials
(f) Show all. areas of vegetation required to be preserved by law, including but not
limited to trees, specimen trees, native plant species, Natural Forest Communities
native habitats and wetlands.'
(e) Illustrate geologic, historic and archeological features to be preserved
(h)Denict stormwater retention /detention areas and areas excluded from maximum
permitted lawn area.
(i) Document zoning district net lot area required oven space and maximum
permitted lawn area.
(i) Show buildine coverage and the location and dimension of greenbelt and water
areas proposed for business and industrial zones if required bv'Chapter 33
(k) Complete "Preoarer's Certification of Landscape Compliance."
Final landscape plans submitted for permit shall include all of the above as well as the
following:
♦ ♦ P ,l . . - -- - - -- -
(b) Critical layout dimensions for trees olant beds and landscape features.••
(c) Method(s) to protect and relocate trees and native plant communities during
construction.
(d) Planting details and specifications
(e) Irrigation plans as required by the zonini: district
(f) Irrigation details and specifications as required above
(g) Notarized "Prevarer's Certification of Landscape Compliance" at time of final
inspection" <
(C) [[T+ee]] »Vegetation« survey
A [[Veell »vegetation« survey shall be provided for »all« sites [[ wkh existiRg
fGHF (4) iFiGhOS Di . 311 BF Il >>at the same scale as the<< [[site]] »landscape plan. The
vegetation survey shall be accompanied by an aerial photograph which outlines the subiect
site without obscuring it atures <<. Within municipalities, surveys shall be verified by the
department(s) or boards) ` s deemed appropriate by the municipality. >>The vegetation
survev shall provide the following information•<<
»(1) The accurate_ location and strayhic representation in relation to existing
development, of all existing trees of a minimum two (2) inch DBH or ten (10) foot
Substitute
Agenda Item No. 4(W)
Page No. 12
height or, for native trees, of a minimum one and one -half 0 1/2) DBH or eight (8)
foot height. including those which are .proposed to be removed, relocated or
preserved on site in accordance with the requirements of this Code and Section
24 -60 of the Code «.
»(, The boundaries of any native habitat, native plant community, native plant species,
and /or Natural Forest Community and associated understory that exists on site, as
determined by the Department of Environmental Resources Management.<<
»(3� A table showing the following information:
U The scientific and common name of each tree each of which shall be
numbered.
(, The diameter at breast height (DBH) of each tree, or if a multiple trunk tree,
the grim T)AM fnr all rnnlre
(c� An estimate of the height, canopy cover, and physical conditi
tree. and whether specimen tree(s) exist on site.<<
(D) Irrigation Plans.
An irrigation plan shall be submitted if a sprinkler system is required by Chapter 33, or as
required in the individual municipalities or where an irrigation system is to be provided
regardless of code requirements. Where a landscape plan is required, an irrigation plan
shall be submitted concurrently.
(1) For a new one family or duplex dwelling the irrigation plan may be indicated-on a
plot plan or a separate drawing prepared by the owner or the owner's agent
indicating area(s) to be irl;Lgated, location and specifications of lines and heads and
pump specifications.
(2) All other development other than those provided in subsection (1) above shall:
(a) Be drawn on a base plan at the same scale as landscape plan(s),
(b) Delineate landscape areas >>,<< [[a*dIl major landscape features, and
hydrozones [[i€ ap ep.
(c) Delineate existing and proposed structures, parking areas or other vehicular
use areas, access aisles, sidewalks, driveways, the location of utilities and
easements, and similar features.
(d) Include water source, design operating pressure and flow rate per zone, total
volume required for typical depths of application, and application rate.
Substitute
Agenda Item No. 4(W)
Page No. 13
Sec. 18A -5. Tree Removal and Preservation.
Tree removal permits or natural forest community vegetation removal permits are required prior to
the removal of trees, specimen trees, or any vegetation in a natural forest community, respectively,
pursuant to Section 24 -60 of the Code of Metropolitan Dade County. The Dade County Department
of Environmental Resources Management is responsible for administering and enforcing these
provisions.
Sec. 18A-6. Minimum Standards.
The following standards shall be considered minimum requirements [[ (eF &11 lftftdSe6PO GREW
atien )] unless otherwise indicated:
(A) Lawn area (turf).
(1) Grass areas shall be planted in species well adopted to localized growing conditions
in Dade County. Grass areas may be sodded, plugged, sprigged >>,
hydromulched.« or seeded except that solid sod shall be used in swales or other
areas subject to erosion »« [[, ']] »I «n areas where other than
solid sod or grass seed is used, overseeding shall be sown for immediate effect and
protection until coverage is otherwise achieved.
,
CdFassed &Feas used Car.
]]
s
>> U Exclusions from maximum permitted lawn areas:
(a) Stabilized grassed area used for parking;
(b) Grassed areas designated on landscape plans and actively used for sports
playgrounds or picnic areas;
(c) Grassed areas in the right -of -way;
(d) Stormwater retention /detention areas planted in grasses which are very drought
tolerant, as referenced in the Landscape Manual as well as tolerant to wet soils<<
(3) >> Maximum permitted lawn area<< [[F-]] >>f «or all residential and mixed uses in the
unincorporated area >>is referenced in Table A.<< [[,
speeiried, lawA AM shall he Fessr-ieted 0—
�eNe�- ere�ll
(4) >> Maximum permitted liwn area <<[[F-)] »f «or all office, commercial, and industrial
uses[[;]] >>is as referenced in Table A;« [[
Substitute
Agenda Item No. '4(W)
Page No. 14
3 ]] »Very drought tolerant grasses and low (crowing native plants, including
grasses and forbs. as referenced in the L_andscaye Manual, may be used as
aroundcover beyond the maximum yermitted grass area specified in Table A.<<
(5) In municipalities, the maximum amount of lawn area for residential and mixed uses
shall be limited to a maximum of [[A", (49) ] >>six 60 << percent of the
landscaped open space required in the individual municipal code(s). In those
residential and mixed use zoning districts where landscaped open space is not
specified, lawn areas shall be restricted to a maximum of ([d4FP o�]l
LL0J<< percent of the net lot area. >>Lawn areas in<< [[6]] >>c <<ommercial, office
and industrial [[uses]] >>zones<< shall be limited to a maximum of twenty (20)
percent of the open space required by the individual municipalities. > In those
commercial, office and industrial zones<< [[3W]J »w «here landscapex d &< open
space is not specified, lawn area shall be restricted to a maximum of twenty (20)
percent of the net lot area Tess the area covered by buildings. >>Very drought
as referenced in the Landscape Manual, may be used as groundcover bevond the
maximum permitted grass area.<<
(B) Irrigation.
(1) All newly- planted and relocated plant material shall be watered by temporary or
permanent irrigation systems until such time as they are established.
(2) Irrigation shall be prohibited within native plant communities and natural forest
communities >>, except for temoorary systems needed to establish newly planted
communities -<<
I
(3) Irrigation systems shall be designed to >>conserve water by<< allow»ja&«
differential operation schedules wwar JJ
>>based on hydrozone.<<
(4) Irrigation systems shall be designed », operated << and maintained fywith heads
Vie]] »to« not overthrow »or overflow on<< to impervious surfaces.
(5) Low trajectory »sorav<< heads, and /or low volume water distributing or
application devices, shall be used. [[Aefia4fl >>Overhead<< irrigation systems shall
»only« be permitted' [[€effl »in bonafide agricultural activity« areas»_.<<
[(P1aR4Sd With gFOSS,
in Size. .I)
(6) Gray [[ ]] water shall be used where approved systems are available.
[(R
»M During dry periods, irrigation application rates of between one (1) and one and one
half ( 1 1/2) inches per week are recommended for turf areas.<<
Its
Substitute
Agenda Item No. 4(W)
Page No. 15
(8) l[
moisture >>or rain<< sensor ([swi{c4 p >>device<< shall be required on all irrigation
systems equipped with automatic controls. [[
.))-
(9) Irrigation systems shall be timed to operate only during hours and on days permitted
under Chapter 32 of the Code.
(10) If an irrigation system is not provided, a hose bib shall be provided within
seventy-five (75) feet of any landscape area.
(C) Trees.
(1) Tree size. All trees, except street trees[[;]] >>and trees located beneath cower
lines.« shall be a minimum of ten (10) feet high and have a minimum [(d+ea}eteFet
'"east height (PRW)11 »caliper« of two (2) inches at phel) time of planting except
that thirty (30) percegtof the tree requirement may be met by native species with a
minimum height of eight (8) feet and a minimum [[8944)) »caliper« of one and
one -half (1 1 /2) inches at time of planting.
[[
c
19 the pwb4ie is l9eated :&ithiFi feUF (4) feet ef the edge 9C the FB&dwa5,. :Rio
•]]
»fQ Street tree size and spacing Street trees shall be of a species tmicaliy grown in
Dade County which normally mature to a height of at least twenty (20) feet Street
trees shall have a clear trunk of four (4) feet an overall height of twelve (12) feet
and a minimum caliper of two (2) inches at time of plantings and shall be provided
along all roadways at a maximum average spacing of thirty-five (35) feet on center
except as otherwise provided in this Chapter. Street trees are not required when a
colonnade oven to the public is located within four (4) feet of the edge of the
roadway. The thirty -five (35) foot average spacing requirement for multiple single
family units such as zero -lot -line and - townhouse shall be based on the total lineal
(7) feet of the sidewalk'«
—t
Substitute'
Agenda Item No. 4(W)
Page No. 16
»D Power lines Where the height and location of overhead vowerlines requires the
planting of low growing trees street trees shall have a minimum height of eight (8)
feet a minimum caliper of one and one -half 0 1/2) inches at time of planting, and
shall meet the following requirements:
(a) Single trunk trees clear of lateral branches to four (4) feet and/or multi
trunk trees or tree /shrubs as referenced in-the Landscape Manual, cleared
of foliage to a height of four (4) feet.
(b) A maximum average spacing of twenty -five (25) feet on center.
(c) Maturing to a height and spread not encroaching within five (5) feet of
overhead sower distribution lines.
(d) Under high voltage (50kV and above) transmission lines installed
independent of underbuilt' distribution lines, tree height and spread shall not
exceed the minimum approach distances specified in the current ANSI
(American National Standards Institute) Z133.1 Standards, as referenced in
the Landscape Manual.<<
>> L4Z Palms. Palms which meet all of the following requirements shall count as a
required street tree on the basis of one 0 ) palm per tree.
O Minimum canopv of fifteen 05) feet at maturity.
b Provided at an average maximum sRacing of twenty -five 25 feet on
center.
(c) Fourteen (14) foot minimum overall height or minimum caliper of four
(4) inches at time of planting.«
It is provided however that queen palms (Syagrus romanzoffiana) shall not be
allowed as street trees.<<
(((;)])>>(5)<< Minimum number of trees. Within Unincorporated Dade County, the minimum
number of >>reciuired<< trees s >> in addition to street trees << ([shSil bO FSqUiFed ft5j]
>>is referenced in Table A.<< (( s:1)
Tl�A4{a3
R9 1 -A4Eb)
nt iz
N•
Substitute
Agenda Item No. 4(W)
Page No. 17
B5iale -fie n Vees _ 84e.
i--A4
'A$
20 ,.c ROM t
FVU ;
D T:ev; i
WlFre 29 !Fees � r ^ Of • t
R5
RU 9,69
Opp
GeFnFHeFGW 21 tFees peF affe Of _ . WE
PCX
Substitute'
Agenda Item No. 4(W)
Page No. 18
Substitute
Agenda Item No. 4(W)
Page No. 19 -
'FABLE A (See Note below regarding street treesl
>>LAND USE OR NUMBER OF TRE£S REQUIRED
MAXIMUM LAWN AREA
ZONING DISTRICT Per Acre of Per
Percent of Percent of Required
Net Lot Area Lot
Net Lat Area
Oven Space
SINGLE FAMILY RESID NTIAL AND DUPLEX
RU -1
3
S006
_
RU-1 -M a)
-
3
33 %6
_
RU -1��
-
3
35%
RU-1Z
-
3
35%
RU -2
_
3
SO%
'
TOWN HOUSE
RU -TH
28
—
-
60%
ESTATE
USE
-
EU -M
9
500/0
EU -S
9
-
50%
_
EU -1
9
-
—
60 %0
EU -2
9
_
60%
_
EU -1C
9
-
60%
-A
MULTI- FAMILY RESIDENTIAL
RU -3
2g
2
60%
RU -3B
=8
60%
-
RU-3M
28
RU -41-
28
60°/6
—
RU-4M
28
_
60%
RU -4
28
-
40%
RU -4A
28
-
40%
=
40%
OFFICE
—
RU-5
28
RU -SA
—
2. 8
0
30/0
—
OPD
—
28
30%
28
30%
Col ERCIAL
BU -1
22
BU- I A
_
2`
-
20%
BU -2
_
2�
BU -3
72
20%
22 _
-
R0%
INDUSTRIAL
—
IU -1
15
IU -2
-
-
20%
—
IU-3
15
_
20%
—
22
20 %
*% o
-
- _
MISCELLANEOUS ZONING DISTRICTS AND LAND USE S
20%
Planned Develo men
. is 28
—
Planned Area'Develooments 28
:4VIo
Private Educational Facilities Zg
40
—
TND
—
— _
28
4 0%
GU Interim •
—
9
1400/.
-
AU Agriculture (Residential Usel 9
60%
All Other Zoning Districts 28
6V/0
'Use
- 60%
de endent on characur of n' hborhood otherwise UL-2-standards al3ply.
'•
Unusual uses must comply with theouirements ofunderlyine zoning district
In addition to the number of trees indicated in Table A additional trees street trees
may be re uired as
Provided in Section 18A- 6(C). cc
Substitute .
Agenda Item No.. 4(W)
Page No. 20
[[(4)]]» (6)« Grassed areas that are to be used for organized sports such as football and soccer or
other similar sports or playgrounds, that are clearly identified on a ([s+te))
»landscape« plan (( ,]) shall
not be counted toward calculating tree requirements.
[[(3)11»(,« Trees shall be planted to provide shade to residential structures of a height of
thirty-five (35) feet or less. >>At least two reouired lot trees shall be positioned in
the energv conservation zone as defined herein.<< All exterior air conditioning
units, except for air conditioning units placed on the roof, shall be shaded by trees
and/or shrubs >>as referenced in the Landscape Manual <<.
[[(6)l] »(g)« Palms of a ten (10) foot minimum overall height [[at iime ef pimtiRg, ]) or [(e"11
minimum [[ill »caliper« of three (3) inches at time of planting shall count as a
required tree on the basis of two (2) palms per tree, > except as provided herein for
palms used as of street trees.<< No more than thirty (30) percent of the minimum
tree requirements may be met by palms.
[[(:;)]p >(9)< Existing trees required >>by law<< to be preserved on site [[by-law]) and that meet
the requirements of Section 18A -6(C), may be counted toward fulfilling the
minimum tree requirements.
[[(g)ll» (DO «
[[(9)ll »U«
[[(4-G)ll »(! U«
Prohibited and controlled tree species shall not be counted toward fulfilling
minimum tree requirements. Prohibited trees shall be removed from the site.
Thirty (30) percent of the required, trees and /or palms shall be native species.
[((4-4-)])>>(L3)<<* When trees are planted within the right -of -way, the owners of land adjacent to the
areas where street trees are planted must maintain those areas, including the trees,
plants and sod >>, using pruning methods specified in this Code <<. A covenant
executed by those owners is required, or a Special Taxing District must be created
to maintain these areas. Where the State, County or municipality determines that
the planting of trees and other landscape »material« is not appropriate in the
public right -of -way, they may require that said trees and landscape »material« be
placed on private property.
a
[[(4.3)]] >>(1_4J« Consideration shall be given to the selection of trees, plants and planting site to
avoid serious probhVs such as clogged sewers, cracked sidewalks, and power _
service interruptions.
{
Substitute
Agenda Item No. 4(W)
Page No. 21
[[(4.4)]1 »(I5)« Municipalities shall meet all the above requirements in the corresponding zoning
districts or land use categories of the particular municipality.
(D) Shrubs [[aFid Wedges.11
shall
i
[[
a
.11
>> (1) All shrubs shall be a minimum of eighteen (18) inches in height when measured
immediately after planting. Shrubs shall be provided at ratio of ten (10) per
required tree. Thirty- (30) percent of the shrubs shall be native species.
(2) When used as a visual screen, buffer, or hedge shrubs shall be planted at a
maximum average spacing of thirty (30) inches on center or if 1)lanted at a
minimum height of thirty -six (36) inches, shall have a maximum average spacing of
forty - eight (48) inches on center and shall be maintained sous to form a continuous.,
unbroken and solid visual screen 'within one (l) year after time of planting Shrubs
used as a buffer. visual screen, or hedge need not be of the same species
(E) Vines.
Vines shall be a minimum of twelve (12) inches in length immediately after planting and
may be used in conjunction with fences, screens, or walls to meet physical barrier
requirements as specified. >>Planting of perimeter walls with vines is recommended as a
deterrent to painting of graffiti.<<
(F) Ground Covers.
Ground cover plants used in lieu of grass, in whole or in part, shill be planted in such a
manner as to present a finished appearance and reasonably complete coverage within one
(1) year after planting. [[
.11
(G) Mulch.
»LU«Weed -free mulch shall be applied >>and maintained<< in a minimum »three (3) inch
laver under and around all trees and shrubs; and in a minimum« two (2) inch layer
under and around all [[ ` b fiFearj) >>around cover.<<
»(2) The use of mulch shall be restricted to planting areas .<--
»(3) Cypress mulch shall & be used because its harvest degrades cypress wetlands.<<
Substitute
Agenda Item No. 4(W)
Page No. 22 _
(N) Buffers Between Dissimilar Land lases.
Where dissimilar land uses exist on adjacent properties, and where such areas will not be
entirely visually screened by an intervening building or structure from abutting property,
that portion of such area not so screened shall be provided with a buffer consisting of a six
(6) foot wall or fence with a life expectancy of at least ten (10) years, or [[a— hedge]]
»shrubs« which normally grow[[911 to a minimum height of six (6) feet. Where chain link
fencing is used, [[a hedge]] >>shrubs<< shall also be required. [(,AI13]) >>S <<hrubs used as a
buffer shall be a minimum of thirty (30) inches in height at time of planting, and shall be
-planted at .a maximum »avera e<< spacing of thirty -six (36) inches on center ». or a
minimum of thirty -six inches in height at time of planting and planted at a maximum
average spacing of forty -eight (48) inches on center < Said buffer shall form a continuous
screen between the dissimilar land uses within one (1) year after planting. Buffers screening
dissimilar uses shall include trees planted at a maximum average spacing of thirty -five (35)
feet on center within a minimum five (5) foot landscaped strip.
(I) Parking Lot Buffers.
All parking lots adjacent to a right -of -way or private street shall be screened by a .
continuous [[I e]] >> lap ntino« and /or three (3) foot high wall with a seven (7) foot
landscaped strip 'incorporating said [[hedge]] >> iap nting<< and/or wall on private property.
[[Redge]l >>Plantin << material [[ ]] at
time of planting, >>shall be either a minimum height of eighteen (18) inches<< with a
maximum >>average« spacing of thirty (30) inches on center[[ -.]] >>. or a minimum height
of thirty -six (36) inches with a maximum average spacing of forty -eight (48) inches on
center.<<
(J) Landscaped Areas in Parking Lots.
- i
[[
sash paFkiRg .]] >>Ten (l 0) square feet of landscaped area per parking space shall be
provided within a parking lot. In order to maximize the distribution of shade, trees shall be
Wanted throughout the -interior of the parking lot at a minimum density of one tree per
eighty (80) square feet of landscaped area exclusive of parking lot buffers. Planting areas
for each tree shall have a minimum width of five (5) feet, exclusive of the curb dimension,
and shall be planted or covered with other landscape materials.<< [[Said - space -FRay be
befeiv,,-1J This requirement is in addition to any applicable required open space as provided
in Chapter 33 of the Code of Metropolitan Dade County or applicable municipal code.
[[ ]
(K) Plant Quality.
»QJ« Plants installed pursuant to' this .Code -shall conform to, or exceed, the minimum
standards for Florida Number One as provided in the most current edition of "Grades and
Standards for Nursery Plants, Pan I and I I," prepared by the State of Florida Department of
Agriculture and Consumer Services.
secondary branches free of included bark up to a height of six (6) feet above natural
rg ade.<<
Substitute
Agenda Item No. 4(W)
Page No. 23
fW PFURiFig.
(4? .
94
(-Z) -I-f ,. h., F... a....,..,.,
RIP
efthiS BFd*Ranee shall Ref be •II
»u Stormwater Retention /Detention Areas
(1) Stormwater retention /detention areas shall be designed to maximize the perimeter
dimension, where feasible.
(2) Stormwater retention /detention areas 'shall be planted throughout with native herbaceous
facultative Plants, with the following exceotions•
tolerant. as referenced in the Landscape Manual as well as tolerant to wet soils
b In areas where the minimum required stormwater retention capacity would be
adversely affected.
(3) The minimum required number of native herbaceous facultative plants shall be one plant
nor cn..or. F ... ..0 -- .- _-__si-
to as a liner. Sprigging seeding plugging hydro- mulching or sodding with native
herbaceous facultative plants' grown from local seed sources may be used in lieu of liners
Herbaceous plants shall be vlanted in such a manner as to present a finished appearance and
reasonably complete coverage within one (1) Year after vlanting.
(4) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative
Wants, vrovided that the minimum required stormwater retention -cavacity is not adversely
affected.<<
Sec. 18A -7 Landscape Plan Revie �'riteria
In the unincorporated area: all landscape plans shall be reviewed by the Department of Planning,
Development and Regulation. and where existing trees or natural forest communities are involved,
the Department of Environmental Resources Management. In the case of a municipality, landscape
plans shall be approved - by the department(s) or board(s) as deemed appropriate within the
Substitute
Agenda Item No. 4(V)
Page No. 24
municipality. Landscape plans shall be revie%%ed in accordance with the following goals and
objectives and the guidelines and illustrations provided in the Landscape Manual:
(A) Landscape design shall enhance architectural features, relate structure design to the
site, visually screen dissimilar uses and unsightly views, reduce noise impacts from
major roadways and incompatible uses, strengthen important vistas and reinforce
neighboring site design and architecture.
(B) Existing specimen trees. native vegetation (including canopy, understory, and
ground cover) and Natural Forest Communities shall be preserved to the maximum
extent possible and all requirements of Section 24 -60 of the Code.
(C) In order to conserve water, >>reduce maintenance, and promote plant health, vlant
species shall be selected and installed based on their water needs growth rate and
size, and resource inputs.' Plants with similar water needs shall be grouped in
hydrozones. Adequate srowth area. based on natural mature shape and size shall be
provided for all plant materials.<< ([
•ll
(D) The plan shall include the use of native plant species" in order to reestablish an
aesthetic regional quality and take advantage of the unique diversity and
adaptability of native species to the environmental conditions of South Florida.
Where feasible, the re- establishment of native habitats shall be incorporated into the
landscape plan.
(E) Trees and shrubs shall be »planted in the energy conservation zone where feasible,
in order<< 11+ 11 to reduce energy consumption by shading buildings and >>shall
be used to reduce heat island effects by shading<< paved surfaces.
(F) Street trees shall be used to shade roadways and provide visual order. Where
feasible, selected species 'shall be used to establish a road hierarchy by defining
different road types. ,
(G) Special
attention shall be given to the use of appropriate species »located« under, or
yadiacent to<< oven >head < llutil+tyH »power« lines, and near native plant
communities and near >> underground utility lines.«
Adequate growth area shall be provided for all plant materials. #lT-Fs shell-f*et
FRMUF:i.
(H) Landscaping shall be designed in such a way as to provide safe and unobstructed
views at intersections of roadways, driveways, recreational paths and sidewalks in
accordance with Section 33-11 of the Code.
(I) Historic landscap_ and landscape features designated by local, State or federal
governments shall be preserved.
r
Substitute
Agenda Item No. 4(W)
Page No. 25
Sec. 18A -8 [[ •ll
>>Prevarees Certification of Landscape Compliance«
(A) A [[ ]] , >>Preparees Certification of Landscape
Compliance« ((i 1) bearing the original letterhead of the
designing firm and licensing number shall be submitted to and approved by the
Department of Planning, Development and Regulation prior to issuance of any final
Certificate of Use and Occupancy or Certificate of Completion. The [[GeFlifieme -of
Geffq4iawiell >>Preoarees Certification of Landscape Compliance« shall contain a
statement, signed and sealed by the landscape architect or by person(s) authorized
to prepare plans by Chapter 481, Florida Statutes, who prepared the approved plans,
that the landscape and irrigation plans have been implemented and that all
requirements of this ordinance have been met. Any changes or substitutions to the
approved plan shall be approved by the original designing firm prior to the
implementation of said changes and substitutions. All changes or substitutions to
the approved plan shall be noted on all copies. Changes and substitutions of plant;
material shall be of similar quality, quantity and size, as originally approved and
shall be in compliancq with the intent and requirements of this ordinance.
(B) For a new single family, duplex residence on its own lot or applicable existing
development, the owner or owner's agent may certify in writing that landscape and
irrigation have been installed according to approved plan(s).
(C) The Department of Planning. Development and Regulation shall have the right to
inspect all projects for compliance prior to issuance of a Certificate of Use and
Occupancy or Certificate of Completion.
(D) Municipalities are not required to establish a [[ ]]
>>Preoarer's Certification of Landscape Compliance« procedure.
Sec. 18A -9. Committee of Landscape Adjustment
(A) In unincorporated Dade County, the members of the Executive Council of the
Developmental Impact Committee or their designees shall constitute the Committee
of Landscape Adjustment.
(B) The Committee of Landscape Adjustment, upon receipt of an application for
adjustment of landscaping requirements shall have the authority and duty to
consider and act upon such application. The application shall be filed on forms
prescribed by the County, executed and sworn to by the owner or tenant of the
property concerned, or by authorized agents as evidenced by written' power of
attorney, and accompanied by a fee for processing of the application, as provided by
Administrative Order.
(C) In the application., ie applicant shall state clearly and in detail what adjustment of
landscaping requirements are being requested and the reasons such adjustments are
warranted, and shall accompany the application with such supplementary data, such
as sketches, surveys 'and statistical information as is deemed necessary to
substantiate the adjustment.
Substitute
Agenda Item No. 4(W)
Page No. 26
(D) The Committee of Landscape Adjustment 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 this ordinance. The
Committee of Landscape Adjustment shall not consider requests for variance from
the requirements of Chapter 24, the Dade County Environmental Protection Code,
including specimen tree and natural forest community variance, requests. Any such
requests shall be made according to the provisions of Sections 24-48 and 24-49 of
the Code. Additionally, the Committee of Landscape Adjustment shall not have
authority to modify or adjust any part of Chapter 33 of the Dade County Code.
(E) Committee of Landscape Adjustment shall meet on a regular basis to act on pending
application(s), and shall post their decision in the form of a short, concise statement
of the action taken on a conspicuous bulletin board that may be seen by the public at
reasonable times and hours in the office of the Department of Planning,
Development and Regulation.
(F) Within fourteen (1.1) Oays after posting_ of decision, but not thereafter, any decision
of the Committee of Landscape Adjustment may be appealed to the appropriate
Community Zoning Appeals Board as prescribed in Chapter 33 for appeals of
administrative decisions: otherwise, it shall become final.
(G) The Community Zoning Appeal's Boards or the Board of County Commissioners
shall have the authority to grant adjustment from this chapter as part of a zoning
application.
(H) Each municipality may establish or assign an existing board, committee, or other
similar body to review adjustments and to establish criteria for landscape
adjustment.
See. 18A -10. LandscaaRe Manual.
The Department of Planning, Development and Re=ulation, in cooperation with other County
departments shall prepare a landscape manual and make the same available to the public. The
landscape manual shall be adopted by resolution of the Board of County Commissioners. Said
manual shall provide an illustrative interpretation of the standards provided herein and suggested
guides for landscaping in accordance with the above standards.
Sec. 18A -11. Landscape Maintenance.
(A) An owner is responsible to ensure that -landscaping required to be planted pursuant
to this ordinance. or the ordinances which were in effect prior to the effective date
of this ordinance, is: (1) installed in compliance with the Landscape requirements;
(2) maintained as. to present a healthy, vigorous, and neat appearance free from
refuse and debris' (3) sufficiently fertilized and watered to maintain the plant
material in a healthy condition.
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Agenda Item No. 4(W)
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(B) If any tree or plant dies %hich is being used to satisfy current landscape code
requirements, such tree or plant shall be replaced with the same landscape material
>>or an approved substitute.<<
»� Trees shall be pruned in the following manner:
(1) All cuts shall be clean flush and at iunctions, laterals or crotches. All cuts shall
be made as close as possible to the trunk or_2arent limb. without cutting into the
branch collar or leaving a protruding stub.
(3) Cutting of lateral branches that results in the removal of more than one -third of
all branches on one side of a tree shall only be allowed if required for hazard
reduction or clearance pruning.
(5) No more than one -third (113) -ofa tree's living canopy shall be removed within a
one (1) year period.
(6) Trees shall be pruned according to the current ANSI A300 Standards and the
Landscape Manual.<<
>>Sec. 18A -12. Prohibitions.<<
>>W Prohibited Plant Species.
_Prohibited species shall not be planted and shall be removed from any site which is
subiect to the requirements of this ordinance. ,
(B) Controlled Plant Species
Controlled species shall not be planted within five hundred (500) feet of a Natural
Forest Community or native habitats as defined herein.
West Indian Mahogany
West Indian Mahogany, Swietenia mahagoni, shall not be planted within 500 feet of
a rockland hammock or pine rockiand.
Tree Abuse
Tree abuse is orohffted. Abused trees sha
minimum tree requirements.<<
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Agenda Item No. 4(W)
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Sec. 18A-I[[2-H3. Enforcement.
(A) ( ,
11
>>The Dade County Department of Planning. Development and Regulation shall
withhold approval of a final building inspection prior to the issuance of a Final
Certificate of Use and Occupancy or Certificate of Completion until a Prevarer's
Certification of Landscape Comoliance has been approved.«
(B) The Department of Planning, Development and Regulation shall have the right to
inspect the lands affected by this [[erdiftamwil »Code« and to issue cease and
desist orders and citations for violations.
(C) Failure to install or maintain. landscaping according to the terms of this ordinance
shall constitute a violation of this Code. Also, failure to plant, preserve, or maintain
each individual tree $hall be considered to be a separate violation of this Code.
Each day in which either landscaping or individual trees are not installed or
maintained according to the terms of this ordinance shall constitute a continuing
and separate violation of this Code.
(D) In the municipalities, enforcement shall be performed by the Department within the
municipality as may deemed appropriate by the municipality, and in the event
the provisions hereof are not enforced within the municipality, the County shall
enforce same.
Sec. 18A- 1 >>4 «[[3}}. Conflicts With Othpr Ordinances or Regulations.
If this chapter confl icts with other ordinances or regulations, the more stringent limitation or
requirement shall govern or prevail to the extent of the conflict.
Section 2. Section 18A -14 of the Code of Metropolitan Dade County, Florida is hereby
repealed as follows:
Section 3. If any section. subsection, clause. provision or part of this Code shall be held
invalid for any reason, the remainder of this Code shall not be affected thereby, but shall remain in
full force and effect.
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Agenda Item No. 4(W)
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Section 4. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any Sunset provision, shall become and be
made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed
to "section ", "article ", or other appropriate word.
Section 5. This ordinance shall become effective seventy (70) days after the date of
enactment provided however this ordinance shall not apply to projects for which prior to the
effective date of this ordinance: (1) an application for a building permit has been filed; (2) a
building permit has been issued and is in effect; (3) the Zoning Appeals Board, Community Zoning '
Appeals Boards, or Board of County Commissioners has by resolution approved a project site plan;
(4) a site plan which has received Administrative Site Plan approval; or (5) a zoning application
has been filed prior to March H. . 1998 that includes detailed site and landscape plans.
Section 6. This ordinance does not contain a sunset provision.
PASSED AND ADOPTED: JAN 1 3 1998
Approved by County Attorney as
to form and legal sufficiency. fiV_
Prepared by:
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