LTC 300-2013 South Pointe Park Dog Off-Leash Pilot Program Status Update M
0
OFFICE OF THE CITY MANAGER
NO. LTC # ,300 - .2v 13 LETTER TO COMM, �ON
TO: " Mayor Matti Herrera Bower and M mbers o the City Commission
FROM: Jimmy L. Morales, City Manager'
DATE: August 28, 2013
SUBJECT South Pointe Park Dog Off -Leas Pilot Program Status Update
The purpose of this Letter to Commission is to provide you a status update of the South
Pointe Park Dog Off -Leash Pilot Program.
There have been several City Commission and City Commission Committee actions taken to
effectuate the South Pointe Park Dog Off -leash Pilot Program since it began on June 10,
2010. One of the recent discussions transpired at the March 13, 2013, City Commission
meeting. At this meeting the ordinance extending the South Pointe Park Dog Off -leash Pilot
Program through and including June 30, 2013, was presented for second reading and public
hearing. At the conclusion of the discussion a motion was made to bring back the ordinance
on first reading with the following amendments:
1) Change the location of the off -leash dog area back to the lighthouse area (its
original location);
2) Amend the currently authorized afternoon off -leash hours in the designated
area from between 4:00 P.M. and 7:00 P.M. to between 6:00 P.M. and 9:00
P.M., Monday through Friday;
3) The existing morning hours (sunrise to 10:00 A.M.) remain unchanged;
4) Extend the pilot program through and including June 30, 2013;
5) These actions should be effective immediately.
A second motion was approved unanimously directing the Administration to file an application
to the Design Review Board to present a plan that utilized native plant materials /grasses etc.,
to serve as a the perimeter of the designated dog off -leash area in the triangular area south
and west of the Washington Avenue entry plaza. Additionally, the City Commission directed
the Administration to meet with. the community to discuss and gain input and comments
concerning the relocation plan and the proposed perimeter landscape plan.
As directed by the City Commission the Administration took the following actions:
• Relocated the off -leash area from west lawn location to its original location in the
triangular area south and west of the Washington Avenue entry plaza where the
lighthouse is located. Additionally, signs were installed in the new location posting the
revised evening weekday hours of 6:00 P.M. to 9:00 P.M., Monday through Fridays.
• The Parks Division developed a concept plan that incorporates native and Florida
friendly plant materials /grasses etc., in the lighthouse area to function as a natural
environmental barrier and control to delineate the dog off -leash area around the
lighthouse. Please see the attached copy of the concept plan.
• The Parks and Recreation Administration presented the concept plan to the South of
Fifth Neighborhood Association at the April 4, 2013, SOFNA genera) meeting. At the
conclusion of the presentation SOFNA board discussed the concept plan and
approved the following motion; " SOFNA supports an off leash dog area in South
Pointe Park, at a location selected in consultation with professionals as well as the
input of the community." This motion was further clarified in an email from the SOFNA
President, Dr. Steven Mandy to the Administration on April 17, 2013, which stated
" SOFNA is opposed to a fenced in dog off leash area in the prime spot of the
lighthouse. Our resolution did not state that as clearly as it might have, but there was
no approval of that location, and to the contrary, as I am sure you clearly heard, wide
spread disapproval of that as the location"
• The Administration hosted a community meeting on April 15, 2013, in South Pointe
Park to discuss the relocated South Pointe Park Dog Off -leash Area. Issues
discussed included the revised off -leash hours, the presentation of the draft landscape
concept plan, and potential alternative locations in South Pointe Park for the off -leash
area. Following questions and comments it was the majority opinion that the current
location of the off -leash dog pilot program, in the triangular area where the Lighthouse
sculpture is located, was the site best suited for the South Pointe Park Dog Off -leash
Pilot Program and it should remain there.
• The Administration also submitted an application for the Design Review Board's
review of the landscaping around the perimeter of the relocated dog off -leash area.
The application was scheduled to be heard at the June, 2013, DRB meeting but the
Administration requested a continuance due to only four (4) of the DRB members
being present.
The City's application for the Design Review Board's review of the landscape plan around
perimeter of the relocated dog off -leash area was presented by the Parks and Recreation
Department's Administration at the July 2, 2013, DRB meeting where it was approved. The
Final Order authorizing the City's application (File No. 22977) was issued on July 11, 2013.
Attached is a copy of the Final Order.
Subsequent to the Design Review Board's July 2, 2013, approval Ms. Patricia Fuller, a
resident and member of the Arts in Public Places Board, submitted a request to formally
appeal the decision of the Design Review Board's approval of the landscape plan prepared by
the Parks Department for the off leash dog area at South Pointe Park. Ms. Fuller has
requested the hearing date be set for the December 11, 2013, City Commission meeting, as
she will not be available for the October meeting and the November meeting is scheduled to
only deal with election related items.
Please note that the South Pointe Park Dog Off -leash Pilot Program as approved on second
reading by the City Commission on May 8, 2013, is extended through and including December
31, 2013. As there may be no solution to the appeal by December 31, 2013, the
Administration and the City Attorney's office anticipates having another extension prepared for
consideration on _first reading at the October Commission meeting and second reading /public
hearing at the December 11, 2013, Commission meeting.
Additionally, please be advised that at this time it is the Administration's recommendation that
the planting of the natural environmental barrier and control to delineate the dog off -leash area
around the lighthouse be coordinated and completed at the time the area is anticipated to be
remediated in the spring of 2014 as a component of the greater South Pointe Park
Rehabilitation Program Capital Project.
Please advise if you have questions.
c: Mark Taxis, Assistant City Manager
Kevin Smith, Parks & Recreation Director
John Rebar, Incoming Director of Parks & Recreation
JLM / /WS
Attachments
F: \RCPA \$ALL \Previous \KEVIN \LTCs - 2013 \LTC - South Pointe Park Dog Off -Leash Status Update - 8- 23- 13.docm
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PROPOSE D VEGETATION �- - -
Russelia equisetiformis Firecracker Plant
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aza.mta "nxssn area rc, CITY OF MIAMI BEACH, FLORIDA
OFF -LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN ,K�" E
CITY OF MIAMI BEACH, FLORIDA 're
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LA-02
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE: July 02, 2013
FILE NO: 22977
PROPERTY: 1 Washington Avenue South Pointe Park
IN RE: The Application for Design Review Approval for an off -leash dog area
surrounded by a landscape . buffer in the area of the "Obstinate
Lighthouse" sculpture located at the southwestern portion of South Pointe
Park.
ORDER
The applicant, the , City of Miami Beach, filed an application with the City of Miami Beach
Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning
Department Staff Report, the project as submitted is inconsistent with Design Review
Criteria 1, 2, 5, 6, 7, 8, 10, and 12 in Section 118 -251 of the Miami Beach Code.
B. The project would be consistent with the criteria and requirements of section 118 -251 if
the following conditions are met:
1. A revised landscape plan, and corresponding site plan, shall be submitted to and
approved by staff. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated and subject to the
review and approval of staff. At a minimum, such plan shall incorporate the
following:
a. The height for any landscape material within the landscape buffer shall be limited
to a maximum height of 42 ", in a manner to be reviewed and approved by staff
consistent with the Design Review Criteria and /or the directions from the Board.
Page 2 of 3
Meeting Date: July 02, 2013
DRB File No. 22977
' b. If a landscaped off -leash dog area is no longer authorized by the City in the
future, in South Pointe Park, any landscape barrier approved as part of a
landscaped off -leash dog area shall be immediately removed and the original
landscape in these areas restored.
C. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-of-
way areas shall also be incorporated as part of the irrigation system.
d. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect or
the project architect shall verify, in writing, that the project is consistent with the
site and landscape plans approved by the Planning Department for Building
. Permit.
2. The Final Order shall be recorded in the Public Records of Miami -Dade County, Rrior to
the issuance of a Building Permit.
3. At the time of completion of the project, only Final Certificate of Completion (CC) may be
_applied for; the staging and scheduling of the construction on site shall take this into
account.. All work on site must be completed in accordance with the plans approved
herein, as well as any modifications approved or required by the Building, Fire, Planning,
CIP and Public Works Departments, inclusive of all conditions imposed herein, and by
other Development Review Boards, and any modifications required pursuant to field
inspections, prior to the issuance of a CC. This shall not prohibit the issuance of a Partial
or Temporary CC.
4. The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to whether the order meets the criteria for
approval absent the stricken provision or condition, and /or it is appropriate to modify the
remaining conditions or impose new conditions.
5. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
6. Nothing in this order authorizes a violation of the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth.in the City Code.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations which were adopted by the Board, that the Application for Design Review
approval is GRANTED for the above - referenced project subject to those certain conditions
specified in Paragraph B of the Findings of Fact (Condition Nos. 1 -6, inclusive) hereof, to which
the applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Design Review Board, as determined by staff, entitled "South Pointe Park Dog Off -leash
Proposed Hedge Landscape Plan" dated 3/14/2013 and 3/28/2013, modified in accordance with
the conditions set forth in this Order and staff review and approval.
If the required permit for the project is not issued within eighteen (18) months of the meeting
Page 3 of 3
Meeting Date: July 02, 2013
DRB File No. 22977
date at which the original Design Review Approval was granted, the Design Review Approval
will-expire and become null and void, unless the applicant makes application to the Board for an
' extension of time, in accordance with the requirements and procedures of Chapter 118 of the
City Code; the granting of any such extension of time shall be at the discretion of the Board. At
the hearing on any such application, the Board may deny or approve the request and modify the
above conditions or impose additional conditions. If the Full Building. Permit should expire for
any reason (including but not limited to construction not commencing and continuing, with
required inspections, in accordance with the applicable" Building Code), the Design Review
Approval will expire and become null and void.
In accordance with Section 118 -264 of the City Code, the violation of any conditions and
safeguards that are a part of this Order- shall be deemed a violation of the land development
regulations of th City Code. +
Dated this ` day of 20_LI.
DESIGN REVIEW BOARD
THE ITY OF MIAMI BEACH, ORIDA
BY:
THOMAS R. MOO E ICP
DESIGN AND PRESERVATION M AGER
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI -DADE ) Q f/
The foregoing instrument was acknowledged before me this ff day of
v �1 20/3 by Thomas R. Mooney; Design and Preservation Manager,
Planning Depart ent, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the Corporation. He is personally known to me..
I ERESA MARIA
x My COMMISSION 4DD928143 NOTARY PUBLIC
s EAP S: December 2, 2013
ec-f`'�`' 8 kdfilutceltlaiarySev,c;s Miami -Dade County, Florida
My commission expires: �o?
Approved As To Form:
Legal Department:
Filed with the Clerk of the Design Review Board on - ll
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