2012-28070 Reso RESOLUTION NO.' 2012 -28070
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATIONS OF THE NEIGHBORHOOD /COMMUNITY
AFFAIRS COMMITTEE AT ITS SEPTEMBER 24, 2012 MEETING TO A)
BRING THE CONCEPT OF A HEDGE FOR THE OFF -LEASH DOG
AREA IN SOUTH POINTE PARK BACK TO THE CITY COMMISSION
FOR FURTHER DISCUSSION AND DIRECTION AND B) EXTEND THE
DOG OFF -LEASH PILOT PROGRAM IN SOUTH POINTE PARK.
WHEREAS, at the January 28, 2009 City Commission meeting, the Administration
requested that the matter of dogs off -leash in City parks, and on other public properties in
general, be referred to the Neighborhood /Community Affairs Committee (NCAC Committee) for
discussion; and
WHEREAS, since initial discussions in early 2009, there have been several Commission
and Commission Committee discussions concerning the dog off -leash pilot program in South
Pointe Park which has resulted in various actions; and
WHEREAS, on January 11, 2012, the City Commission approved an Ordinance which
extended the South Pointe Park Dog Off -leash Pilot Program until July 15, 2012, modified the
off -leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and
between 4:00 P.M. and 7:00 P.M. Monday through Friday, and relocated the off -leash area to
the west lawn, south and east of the Washington Avenue entry plaza; and
WHEREAS, at the same meeting, the City Commission also instructed the
Administration to submit an application to the Design Review Board (DRB) for the approval ,of a
hedge in the newly established off -leash location; and
WHEREAS, on March 6, 2012, the DRB held a hearing on the Administration's
application to the DRB (DRB File No. 22894) for the approval of a hedge in the newly
established off -leash area in South Pointe Park; and
WHEREAS, on March 13, 2012, the DRB rendered an Order imposing conditions that
effectively denied the Administration's request for a hedge by stating "there shall be no hedge to
define the area" and the off -leash area "shall not be located in area #3, surrounding the arts in
public places `lighthouse project "'; and
WHEREAS, on May 9, 2012, the City Commission held a public hearing to consider the
Administration's appeal of the Design Review Board Order in File No. 22894 and, at the public
hearing, the City Commission voted to continue the appeal to the June 6, 2012 City Commission
meeting; and
WHEREAS, on May 22, 2012, the NCAC Committee discussed the South Pointe Park
Dog Off -leash Pilot Program and recommended it be extended again from July 15, 2012
through and including December 31, 2012; and
WHEREAS, on June 6, 2012, the City-Commission considered the appeal of the Design
Review Board Order in File No. 22894 at the continued public hearing and, following a
i
discussion, alternate motions to grant and to deny the appeal failed thereby resulting in the DRB
Order remaining in effect; and
WHEREAS, also on June 6, 2012, the City Commission approved_ , on First Reading, an
Ordinance extending the South Pointe Dog Off -Leash Pilot Program through and including
December 31, 2012; and
WHEREAS, on July 18, 2012, the City Commission held a Second Reading /Public
Hearing and approved the Ordinance extending the South Pointe Park Dog Off -leash Pilot
Program through and including December 31, 2012. Additionally, the Commission requested the
matter be sent back to the Neighborhood /Community Affairs Committee to discuss, in greater
detail, the number of documented violations that have transpired since the South Pointe Park
Dog Off -leash Pilot Program began in June, 2010; and
WHEREAS, on September 24, 2012, the NCAC Committee discussed the South Pointe
Park Dog Off -leash Pilot Program and the history of violations related thereto; and
WHEREAS, at the conclusion of the discussion, the NCAC Committee unanimously
approved a motion to a) bring the concept of a hedge for the off -leash dog area in South Pointe
Park back to the City Commission for further discussion and direction and b) recommended
extending the off -leash pilot program through and including January 31, 2013.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendations of the Neighborhood /Community Affairs
Committee to a) bring the concept of hedge for the off -leash area of South Pointe Park back to
the City Commission for further discussion and direction; and b) to extend the off -leash dog pilot
program in South Pointe Park.
PASSED and ADOPTED this �yJ�G� day of November, 2012.
ATTEST:
akk
M T HERRE BOWER
MAYOR
RAFAEL GRA ADO, CITY. 4
T:\AGENDA\2012 \11- 14- 12 \Reso. Acce r@ o elnd'at�a o discuss hedge at SPPdDog off leash area.doc
ncc�Rr oR-aI 'l
APPROVED AS TO
FORM & r4UAGE
& F EX TION
i
11 � z
TORN Y n D E
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution accept the recommendations of the Neighborhood /Community Affairs Committee (NCAC) to
bring the concept of hedge for the off -leash area of South Pointe Park back to the City Commission for
discussion and direction and to extend the pilot program to enable the Administration time to process the
appropriate a lication to the Design Review Board, if so directed.
Key Intended Outcome Supported:
Increase satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission adopt the Resolution?
Item Summa /Recommendation:
Since early 2009, there have been several Commission /Commission Committee discussions concerning
dogs off leash in South Pointe Park. Select actions that relate to the discussion of the plan to install a
hedge as a containment barrier and extending the pilot program are as follows:
• January 11, 2012 The Commission instructed the Administration to file an application to the Design
Review Board (DRB) for the approval of a hedge in the newly established off -leash area.
• March 6, 2012 The DRB held a hearing on the approval of a hedge in the off -leash area in South
Pointe Park.
• March 13, 2012 The DRB rendered an Order imposing conditions that effectively denied the
Administration's request for a hedge.
• April 11, 2012 The City Commission approved a resolution requesting a review of the Design Review
Board decision rendered on March 13, 2012 that denied the City's request.
• May 22, 2012 The N /CAC discussed the Off -leash Pilot Program recommending it be extended from
July 15, 2012 through and until December 31, 2012.
• June 6, 2012 The City Commission held a public hearing and discussion to consider the appeal of the
Design Review Board Order pertaining to the approval of a hedge for a City Commission designated
off -leash dog area within the western portion of South Pointe Park. Following a discussion the motion
to support the appeal failed and the appeal of the DRB order was denied.
• July 18, 2012 The City Commission approved extending the South Pointe Park Dog Off -leash Pilot
Program through and until December 31, 2012. The Commission requested the matter be sent back
to the NCAC to discuss in greater detail the number of documented violations that have transpired
since the South Pointe Park Dog Off -leash Pilot Program began in June, 2010.
• September 24, 2012 The NCAC discussed the South Pointe Park Dog Off -leash Pilot Program and
unanimously moved to bring the concept of a hedge for the off -leash dog area of South Pointe Park
back to the City Commission and recommended extending the off -leash pilot program through January
31, 2013.
Advisory Board Recommendation:
NCAC September 24, 2012
Fin_ ancial Information:
Source of Amount Account
Funds: 1
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Kevin Smith, Parks & Recreation Director
Sign-Offs:
De artment Director Assistant City Mana r C
t Manag er
KS MAS KGB
T:\AGENDA\2012 \11 -14 -12 \Comm. Summary - Accepting NCAC recommendat d 1 9 hedge at SPP dog off 4asharea .doc
AGENDA ITEM ��
t 'V 5 AM 1 DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager ,, ""
th
DATE: November 14, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF
THE NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE AT THE
SEPTEMBER 24, 2012 COMMITTEE MEETING TO BRING THE CONCEPT
OF A HEDGE FOR THE OFF -LEASH DOG AREA OF SOUTH POINTE PARK
BACK TO THE CITY COMMISSION FOR FURTHER DISCUSSION AND
DIRECTION; AND FURTHER TO EXTEND THE PILOT PROGRAM OFF -
LEASH AREA FOR DOGS IN SOUTH POINTE PARK TO ENABLE THE
ADMINISTRATION TIME TO PROCESS THE APPROPRIATE APPLICATION
TO THE DESIGN REVIEW BOARD, IF SO DIRECTED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs
BACKGROUND
At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs
off -leash in City parks and other public properties in general, be referred to the
Neighborhood /Community Affairs Committee for discussion. This initial
Neighborhood /Community Affairs discussion was held on February 17, 2009. Since that time
there have been ongoing discussions as to how the City can find the proper levels of services
that address the needs of our residents and guests who own dogs with those who do not.
These discussions have focused on the development of "bark parks" (fenced in areas in parks
specifically designed and designated for dogs to run off leash): access for the dogs to water
from a beach or park edge; the provision of dog bag/ waste stations that are located throughout
the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the
establishment of off -leash access in the parks to areas which are unfenced/ unsecured where
dogs would run off leash and beyond their owner's control.
There are a currently five fenced dog parks within the City's parks. These include Belle Isle,
Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un- fenced) and Washington
Avenue (two sites).
Commission Memorandum
November 14, 2012
NCAC recommendation to discuss a hedge at the South Pointe Park dog off -leash area
Page 2 of 4
ANALYSIS
History of the South Pointe Park Dog Off -leash Pilot Program/ Containment Hedge/
Design Review Board Issues
One of the initial discussion issues focused on the development of a dog park within
South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington
Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion
was to build -out a larger dog park on Washington Avenue, diagonal from the then -.
existing dog park on Collins Avenue and 2 nd street. It was also recommended that the
City look at whatever amendments would be needed to permit a pilot, off -leash area in a
designated section of South Pointe Park, with limited hours of use. At the time, the
.designation of an off -leash area was not only prohibited by City Code, but it was also
prohibited by County Code.
Since the initial discussions in early 2009, there have been several
Commission /Commission Committee discussions concerning dogs off leash in South
Pointe Park and the existing pilot program resulting in various actions. Select actions
that relate to the discussion of the submission of the plan to install a hedge as a
containment barrier in the off -leash pilot program area are as follows:
• January 11, 2012, the City Commission approved an ordinance amendment on
second reading to extend the South Pointe Park Dog Off -leash Pilot Program until
July 15, 2012, modified the off -leash hours in the designated area in the morning
from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday
through Friday and relocated the off -leash area to the west lawn, south and east of
the Washington Avenue entry plaza. The Commission also instructed the
Administration to file an application to the Design Review Board (DRB) for the
approval of a hedge in the newly established location.
• February 2, 2012 the Administration through the Parks and Recreation Department
filed an application for a hedge to the Design Review Board (DRB) for the approval
of a hedge in the newly established location in South Pointe Park.
• March 6, 2012, the DRB held a hearing on the Administration's application for the
approval of a hedge in the newly established location of the off -leash area in South
Pointe Park.
• March 13, 2012 the DRB rendered an Order imposing conditions that effectively
denied the Administration's request for a hedge by stating "there shall be no hedge
to define the area" and the off -leash area "shall not be located in area #3,
surrounding the arts in public places `lighthouse project'."
• April 11, 2012, the City Commission approved a resolution setting a public hearing,
pursuant to Section 118 -262 of the City Code, requesting a review of the Design
Review Board decision rendered on March 13, 2012 (DRB File No. 22894) pertaining
to the design review approval for a hedge for a City Commission designated off -
leash dog area within the western portion of South Pointe Park.
Commission Memorandum
November 14, 2012
NCAC recommendation to discuss a hedge at the South Pointe Park dog off -leash area
Page 3 of 4
• May 9, 2012, a City Commission item was introduced calling for a public hearing to
consider the appeal of the Design Review Board Order in File No. 22894) pertaining .
to the design review approval for a hedge for a City Commission designated off-
leash dog area within the western portion of South Pointe Park.
In addition, a resolution setting forth an order (granting or denying) an appeal request
by the City Manager of the City of Miami Beach, pertaining to a decision of the
Design Review Board (DRB) for South Pointe Park was presented.
At the conclusion of the discussion a motion was made by Vice -Mayor Libbin to
continue the consideration of reversing the DRB Appeal to the June 6, 2012
Commission Meeting; seconded by Commissioner Exposito; Voice vote 6 -1;
Opposed: Commissioner Wolfson.
• May 22, 2012 the N /CAC discussed the South Pointe Park Dog Off -leash Pilot
Program and recommended it be extended again from July 15, 2012 through and
until December 31, 2012.
• June 6, 2012, the City Commission item, deferred from the May 9, 2012
Commission, calling for a public hearing to consider the appeal of the Design Review
Board Order in File No. 22894, pertaining to the design review approval for a hedge
for a City Commission designated off -leash dog area within the western portion of
South Pointe Park was again introduced. In addition, a resolution setting forth an
order (granting or denying) an appeal request by the City Manager of the City of
Miami Beach, pertaining to a decision of the Design Review Board (DRB) for South
Pointe Park was presented. Following a discussion the motion to support the appeal
failed and the appeal of the DRB order was denied.
• June 6, 2012, the City Commission approved an ordinance on first reading extending
the South Pointe Park Dog Off -leash Pilot Program through and until December 31,
2012.
• July 18, 2012, the City Commission held the public hearing and approved the
ordinance on second reading extending the South Pointe Park Dog Off -leash Pilot
Program through and until December 31, 2012. Additionally, the Commission
requested the matter be sent back to the Neighborhood /Community Affairs
Committee to discuss in greater detail the number of documented violations that
have transpired since the South Pointe Park Dog Off -leash Pilot Program began in
June, 2010.
• September 24, 2012 the NCAC discussed the South Pointe Park Dog Off -leash Pilot
Program. The Administration advised the Committee that as stipulated by the City
Commission action of July 18, 2012 and the Miami Beach City Code the current
South Pointe Park Dog Off -Leash Pilot Program is scheduled to terminate on
December 31, 2012. If no action is taken the program will terminate.
Any modification to extend the pilot program requires two (2) Commission actions,
therefore, the Administration requested that the NCAC discuss the future of the
South Pointe Dog Off -Leash Pilot Program and provide direction as to how to
proceed.
Commission Memorandum
November 14, 2012
NCAC recommendation to discuss a hedge at the South Pointe Park dog off -leash area
Page 4 of 4
The Administration also provided information requested by the NCAC related to the
number of documented instances of dogs off -leash in violation of the City's
established times and /or location. It was reported to the Committee that monitoring
reports maintained by Code Compliance and Security Alliance indicated that for the
period of June, 2010 when the South Pointe Park Dogs Off -leash Pilot Program
began, through August, 2012, there were 901 violations reported. Please see the
attached documents (Exhibit A) that summarizes the violations by time, location, if a'
ticket was issued etc.
Additional discussion was held. Commissioner Weithorn stated that although the
dog owners that come to these meetings are responsible, she has observed that the
dogs have expanded beyond the off -leash area to the entire cut walk, and she has
been chased by dogs on at least twice.. Commissioner Libbin stated that there are
three options; including;
1. Do nothing.
2. Curtail the program completely.
3. Find a mechanism to allow the dogs to be off -leash in a controlled area.
Commissioner Libbin then suggested bringing a new initiative for a hedge to the
Commission.
At the conclusion of the discussion the Committee (Commissioners Tobin, Libbin and
Exposito present) unanimously moved to bring the concept of a hedge for the off-
, leash dog area of South Pointe Park back to the City Commission and recommended
extending the off -leash pilot program through January 31, 2013.
Commissioner Weithorn, who was present for the discussion, expressed her strong
agreement with the motion.
For discussion purposes please see the original hedge plan presented to the Design
Review Board on March 6, 2012 (Exhibit B -1) and a revised concept being proposed by
the Parks and Recreation Department (Exhibit B -2) which further encloses the current
South Pointe Dog Off -Leash Pilot Program area to and better defines the designated off -
leash area.
CONCLUSION
The Administration is seeking the City Commission's direction on;
1. The motion of the NCAC at the September 24, 2012, to bring the concept of a
hedge for the off -leash dog area of South Pointe Park back to the City
Commission; and
2. Extending the off -leash pilot program through January 31, 2013. (Please note
that based on the previous submittal it is anticipated that if the decision is made
to submit a revised hedge plan for the Design Review Board's consideration the
process could take 60 -90 days to complete. If the hedge is desired the
Administration recommends extending the off -leash pilot program through March
30, 2013, to ensure the Administration has sufficient time to obtain approval.
KGB /MAS /KS
T:WGENDA\2012 \11 -14 -12 \Comm. Memo. Accepting NCAC recommendation to discuss hedge at SPP dog off leash
area.doc
AJO69jeo .0 r co r M 00
LO Ajo6a "Cr C) cv Ln in
In
Aq slelojL In ' Aq slelo C*l ti M 04 .L
I -BnV Lo m o4 r - i co
N C14
L 6 -In r ( o :D co C') N LO LC)
C#)
M cn -t co a) Z6 -6 n V �t o (o m
LL-unr C 19 t C4
N 4.AeW to " Lo co (o N c ,4 ZL-Inr ( o N o tn
'o Cl) CD Z�-unr CV) C\j
�-AV C4
M — 0 CD N co N Z 6 -Aew 1- 0 0 q- LO CD co co CM
-qa_A " — C) 00 m Z1 -AV M Lr) N r-- Lo u
LO 0
L vuer T co co (0 cn 4-J Z ( -Juw 0 — CD -Z 0 Ln
Un C14
00
OL-AON c) r Y r co co Z 6 -qaj o — " N o o to
O 0 4 -p o 0) r- cc to 0) LO zvuler o m o r r r cn
tn
Y C-4 0d -daS N 080-LL v CD M — N 0 0
4-0
CL
01 -BnV u 04 " CD cu L L ( D 0 M m N 0 u
UJ
06 r m C14 C14 m Ln 0) CO C — M cc — 0
Z Z z
d. o 0
cc C14 CD 'IT (D
01 -unr L-daS cD cD "
le i
C:
a) 0
�o - 0 o
W ui m (a. in
> >
0 cL E m
CD <
E
C: Q)
0 0
M
cu
L)
cu W cu
_0 .73
cu c 5 cl, a)
0 �o Q)
to
0
ui 0 E 0 'Q c LU U CL Cl
U)
U. _0 U.
(A p E o a E C C U OL
a) cn
SL 1 6 0 c �5
cn- < < (n Z3 c CL <
Q 0 0 M M
0) 5
> > 5 c: C: :
D M a)
4) -0
m m 0 a -° Cu r C 6
w cn 0) 0) 0 0 0) a CD a • 0 C
O o (n ,
0 0 U) 0
E 0 c c .6 C: (n 0 C:
E c c
0 0
C!. f = = 0 0 0 o
m
E E E - 6 L E E E
0 o w 0 0 0 > 0 0 a) oa) a) 4) a) ro O >
c c c c
0 :t! 0 0 :t — 0 o
0 0
C7
tsA
Q �
O
a I
c
vi
cn 3
O
g {
�c }
a
LU
O_
z_� _
CL Rrt
C-J CM
VV }
y O U
D
Gs co c
0
O m
_ �o 0
U. o m a
LL
O v
L JO) a�
O •Q U d m m .
E O fll N N m
Y O -c 0
m
d 2:E r
G. O E c S tr a N
U n: a = o
z
d v cy ° m CO C .�
c u
�1 c c
0 0
c_ 0 0 0
Q m c c c c
CC 0 0 L
+ O L L O C z L O ~l
> td
o ' c c c c c o o
E U 4t it t F-
w � o
r-I w
_
IL o
co .� � .•.fix . ?,,.`.`.�. �.,��;:`�.° � W m e� �
ry ,• L LL
x t I E Z
LU
Z
y
CO
LL
1
J' � Q
1 „_ �k; X;• w LL v
F- 0 Q
W Q
b� LL LL
BBBB �gB
®��89@ BBB �W � "' � ;;r. ;',+,'�` �oi�7s4:�?:?�; .•.
IL rr �; .. 4rytI� YO:•O fr.
a a
BBQ
t W W W y s y jl
E— LL LL li
U 0 L
O 0 0 �`� -
'.'.
�-j,_� • Y O
IN 1:1
LL
w z o
zWw N
W o
co 0
�' p
ti
,�. ';fi ;'e' �;;'°�,.'•� � ' K.
1 Lu
LU
Lu
LLI
LLI
Q
Y QO
j LL
LL
LL
• ..:... y1
LI /
�:: :•' : ki W —
�.; S'
O Z
LL
x O ,.
:4
—
_ W
If Q
ly -
.;;:
— �' :,:,:'off;: � :o�:� •�:::� o
::;�• Ja .• V .;;b:. �:'�:.'�t•��:: "v':�V�. �: -;:: �.�
1. k' oOOO b Iittiv,l
w,':` Y a
i
EL
zL S
,,:,. 1 �" •i�.,e :f. 'iii::... g ~ ■�
• d : .✓ ' ::iii :i:i, :... ,.
!r '
tom. e
LU
I r
+lri
V
LL
LLJ
LU ::.
Z_ n W
W m
0
� O
RM
0 LL
LL
;:, _
888
eeeee e® ® ;
88 w
W
_ 3
-A �- -` L' "r+
N d o ���
12 w
2 9ww
�..`' b7 w u a N� O m 5 EL
IX M:3
t7 r
W 86
w �a !— F^ li g N
�
[ 0 m
4 s c~aa : c
X f N D- CL U d' w
W i r, R" px S7 U-
a en r• V G s
gg
-. S
..Ki%'.
:::; :: :.
w
d
±`.
r �
W J
a D L1JJ
W CIO
ill -a U
� . •: �,� : x g , . CL o
CL ff {
<
ry
O . ''
:cr o: CL L L
P: w
,. :..• ct
w
:..•` LL
LL
•.+.? �}y� rf � 'bra' ky ��' �
IANAI BEACH PARKS RECREATION DEPARTMENT
SOUTH POINTE PARK DOG PARK
South Pointe Park
Dog Off Leash Hedge Estimate QTY UNIT UNIT PRICE ITEM TOTAL SUBTOTAL
DEMOLITION & SITE PREP
SOD REMOVAL 3000 SF $1.00 $3,000.00
PLANTING SOIL - Amendments at 18 -inch depth 300 CY $30.001 $9,000.00
$12,000.00
PLANTING
Ilex Vomitoria 'Schilling's Dwarf: provide and
install - 7 gallon pots, 24 " -28Z" full in pots, 30 -inch on center,
double staggered rows 498 SF $60.00 $29,880.00
Mulch - 3 -inch depth 37 CY $40.00 $1,480.00
Replacement sod
$31,360.00
IRRIGATION
IRRIGATION SYSTEM - MODIFIED DRIP 1 LS $5,000.00 $5,000.00
$5,000.00
SUBTOTAL $48,360.00
CONTINGENCY 10% $4,836.00
DESIGN REVIEW BOARD PROCESS (ESTIMATED) $1,000.00
TOTAL BASE DESIGN $54,196.00
Page 1 Off Leash Hedge Estimate_SPP_10 -30 -12