LTC 079-2013 South Pointe Park Dog Off-Leash MIAMSEACH
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OFFICE OF THE CITY MANAGER fv M
NO. LTC # 079 -2013 LETTER TO COMMCSSIG)N
TO: Mayor Matti Herrera Bower and Members of the City C mmission -, --
FROM: Kathie G. Brooks, Interim City Manager
DATE: March11, 2013
SUBJECT South Pointe Park Dog Off -Leash 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.
As you may recall, there was a discussion held at the February 6, 2013 City Commission
during the first reading of the ordinance which the extended the South Pointe Park Dog Off -
Leash Pilot Program through and including June 30, 2013, that focused on the Design Review
Board's meeting of February 5, 2013 where the Administration's application for a hedge for
the off -leash area in South Pointe Park was scheduled to be heard by the Design Review
Board. Staff reported to the Commission that following a brief discussion of the item, due to
the lack of a full board (4 of 7 members were present) the Administration requested the matter
be carried forward to the March 5, 2013 Design Review Board. The discussion then focused
on the hedge being proposed and when it was reported that the recommend height was not to
exceed 24" the Commission instructed the Administration to amend the City's DRB application
to state the height of the proposed hedge should be maintained at 3' — 3 ' / 2 ' tall (36" — 42"
inches).
March 5, 2013 Design Review Board Presentation/ Actions
As directed by the City Commission at their February 6, 2013 meeting the Administration
amended the pending application to the Design Review Board to consider the installation of a
hedge around the perimeter of the South Pointe Dog Off -leash Area to state the height of the
proposed hedge should be maintained at 3' — 3 ' / 2 ' tall. This application was included in the
March 5, 2013 Design Review Board agenda.
The issue of the hedge was presented and discussed at the March 5, 2013 Design Review
Board meeting.. At the conclusion of the discussion the Design Review Board approved the
City's request for a hedge, not to exceed forty -two (42') inches as stated in the following
actions that will be included in , the Final Order:
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. A low hedge may be provided to help delineate the perimeter of the off -leash
dog area on the west, north, and east sides, with strategically located access
openings on these three sides. The hedge material shall be installed in
substantial accordance to the plans submitted, and shall be maintained at a
maximum height of forty -two (42 ") inches, in a manner to be reviewed and
approved by staff in consultation with the Parks and Recreation Department.
LTC —South Pointe Park Dog Off -Lease Update
Page 2 of 3
b. An alternate appropriate landscape material, such as Fakahatchee and /or
Spartina, more consistent with the landscaping used throughout the park, and
in a wider planting bed, shall be explored, in a manner to be reviewed and
approved by staff in consultation with the Parks and Recreation Department.
C. If the off -leash dog area is no longer authorized by the City in the future, the
hedges approved as part of this application shall be immediately removed and
T the original landscape in these areas restored.
d. 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.
e. 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, prior
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.
Updated Violations Report (June 2010 — January 2013)
As previously stated, the Administration has been maintaining and reporting information
related to the Dogs Off leash Pilot Project violations reported by the City's Code Compliance
Division or the City's private security in South Pointe Park since the inception of the program
in June of 2010. Incremental reports have been provided periodically to the City Commission
and /or the Neighborhood /Community Affairs Committee. The Parks and Recreation
Department has updated the information and 1,024 violations have been documented from
-June 2010 — January 2013 (see attached report).
LTC — South Pointe Park Dog Off -Lease Update
Page 3 of 3 i
Potential Future Actions
With the Design Review Board's approval for the installation. of the hedge, the question of the
timing of this installation must be considered. As you are aware there are issues with the
design and construction of South Pointe Park that are presently the subject of litigation.
One of the primary defects at issue in this litigation relates to the Park's defective soil, sub -soil
and planting conditions including, but not limited to, overly compacted soils, dying and
deteriorating sod, improper drainage, and'an unsuitable irrigation system. In anticipation of
the need to correct various problems identified in the design and construction of South Pointe
Park, the City Commission authorized a capital budget allocation of $4,864,680, for which the
City is seeking to ultimately recover in the ongoing litigation as appropriate as damages
incurred to remedy the defects. In that regard, the City has retained a consultant to assist in
preparing a comprehensive remediation plan to address the above - referenced issues
identified at South Pointe Park.
Although the costs associated with the installation of the hedge are generally outside of the
- litigation, due to the overall poor soil conditions at the Park, which are one of many subjects of
the pending litigation, it may be prudent to delay the installation of the hedge until the west
lawn area is rehabilitated as part of the overall remediation program. As a result of the
required remediation, the Administration is still attempting to determine when the installation of
the hedge and /or other plant materials (originally estimated at $54,196 and may be subject to
modification depending upon the landscape materials ultimately used) will commence. As
part of the comprehensive remediation plan, this area will be prioritized in the City's
remediation efforts. It is important to note that the construction documents for remediation are
90% complete and still need to be finalized, bid and then awarded, which will result in missing
the 2013 grow in season.
Please advise if you have questions.
c: Max Sklar, Acting Assistant City Manager
Kevin Smith, Parks & Recreation Director
KGB /MAS /KS
Attachments
F: \cmgr \$ALL \Max Sklar \LTCs \LTC - South Pointe Park Dog Off -Leash Status Update.docm
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DESIGN REVIEW BOARD
City of Miami Beach, Florida
4
I
MEETING DATE: March 5, 2013
FILE NO: 22955
PROP_ ERTY: 1 Washington Avenue
South Pointe Park
LEGAL: 10 54 42 16.50 AC MIL BEG W /MOST COR LOT 6 BLK 4 PB 6- 77 S65
DEG E1476.52FT TO EROSION LINE SELY630.14FT TO M /H /L GOVT
CUT NWLY2207.25FT N 31 DEG W375. 17FT E473.67FT
i
SELY151.63FT
IN RE: The Application for Design Review Approval for the installation of a low
hedge surrounding an off -leash dog area within the western 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 consistent with Design Review
Criteria in Section 118 -251 of the Miami Beach Code. .�
B. The project would remain consistent with the criteria and requirements of section 1,18-
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
Page 2 of 4 E
Meeting Date: March 5, 2013
DRB File No. 22955
review and approval of staff. At a minimum, such plan shall incorporate the
following:
a. A low hedge may be provided to help delineate the perimeter of the off -
leash dog area on the west, north, and east sides, with strategically
located access openings on these three sides. The hedge material shall
be installed in substantial accordance to the plans submitted, and shall be
maintained at a maximum height of forty -two (42 ") inches, in a manner to
be reviewed and approved by staff in consultation with the Parks and
Recreation Department.
b. An alternate appropriate landscape material, such as Fakahatchee and /or
Spartina, more consistent with the landscaping used throughout the park,
and in a wider planting bed, shall be explored, in a manner to be reviewed
and approved by staff in consultation with the Parks and Recreation
Department.
C. If the off -leash dog area is no longer authorized by the City in the future,
the hedges approved as part of this application shall be immediately
removed and the original landscape in these areas restored.
. d. 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.
e. 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,
prior 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 I
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.
i
5. The conditions of approval herein are binding on the applicant, the property's
owners, operators, and all successors in interest and assigns.
r
i
Page 3 of 4 f
Meeting Date: March 5, 2013
DRB File No. 22955
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 Improvements ", as
prepared by the City of Miami Beach, dated 1- 24 -12, and revised 10- 11 -12, along with
Addendum 1 with a proposed substitute plant material, modified in accordance with the
i
conditions set forth in this Order and staff review and approval.
No permit may be issued unless and until all conditions of approval that must be satisfied prior
to permit issuance as set forth in this Order have been met. The issuance of Design Review
Approval does not relieve the applicant from obtaining all other required Municipal, County
and /or State reviews and permits, including final zoning approval. If adequate handicapped
access is not provided on the Board - approved plans, this approval does not mean that such
handicapped access is not required.
When requesting a permit, the plans submitted to the City for permit shall be consistent with the
plans approved by the Board, modified in accordance with the conditions set forth in this Order.
If the Full Permit for the project is not issued within eighteen (18) months of the meeting 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 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 the City Code.
Dated this day of K , 20 .
DESIGN REVIEW BOARD
T E CITY OF 7EA H FLO A BY:
TPUMAS R. M ONE_ Y, AI P I --
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
Page 4 of 4
Meeting Date: March 5, 2013
DRB File No. 22955
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI -DADE )
The foregoing instru upent was acknowledged before me this 6 c A day of
W 20y Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the Corporation. He is personally known to me.
jpfiY P�
iT:HESA MARIA !!��
My COMMISSION bD9928146 NOTARY PUBLIC
UP"$: Umber 2, 2013 Miami -Dade County, Florida
s�qr oFf o` Boaded7hru Budget N o t ary Services y ex
M commission Q
Approved As To Form:
Legal Department:
Filed with the Clerk of the Design Review Board on L�,
F: \P LAN \$ DRB \DRB 13 \Ma rDRB 13\22955. Marl 3. FO.docx
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