Loading...
R7E-Accept Recommendations Off-Leash Dog Area Of South Pointe ParkCOMMISSION 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 application 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: I 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 I 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 61 2012 The DRB held a hearing on the approval of a hedge in the off-leash area in South Pointe Park. • March 131 2012 The DRB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge. • April11 I 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 61 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. Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office le islative Trackin : Kevin Smith, Parks & Recreation Director artment Director Assistant Cit KS T:IAGENDA\2012111-14-12\Comm. Summary-Accepting NCAC re<:ommend MIAMI BEACH 371 Account er AGENDA ITEM ----:'R--'--:-"fJ,--E_ DATE 1}-JL/-t 2_ 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 /1t.... J-. 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). 372 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 znd 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 (DRS) 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 (ORB) for the approval of a hedge in the newly established location in South Pointe Park. • March 6, 2012, the ORB 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 ORB 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 (DRS 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. 373 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 ORB 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 (ORB) 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. 374 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 8-2) 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:IAGENDA\2012\11-14-12\Comm. Memo. Accepting NCAC recommendation to discuss hedge at SPP dog off leash area.doc 375 RESOLUTION NO.----- 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 (ORB) for the approval of a hed~e in the newly established off-leash location; and WHEREAS, on March 6, 2012, the ORB held a hearing on the Administration's application to the ORB (ORB 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 ORB 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 376 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, 201 0; 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----day of November, 2012. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2012\11-14-12\Reso. Accepting NCAC recommendation to discuss hedge at SPPdDog off leash area.doc 377 w ....... 00 # !n the morning {during permitted hours) outside the soec1t1ed area # !n the morning after 9 AM in the specified area # !n the morning after 9 AM in the unspecified area # !n the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued # of Violations noted but not issued -no identification -leave site Total Violations Monitoring Agencv 37 of Miami Beach -Code Alliance llC #In the morning {during permitted hours) outside the specified area #In the morning after 9 AM in the specified area/10-am April on # In the morning after 9 AM in the unspecified area !I 0-am Apd on #In the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued # of Violations noted but not issued -no identification -!eave site Total Violations 10 2 2 10 3 5 9 34 1 1 7 i 1 6 42 20 20 il 4 5 2 1 9 2 5 5 64 34 61 3 0 3 1 1 I 3 0 0 17 14 48 6 18 26 29 24 1 14 4 6 6 3 1 , 2 60 71 1 0 6 5 55 42 5 0 2 4 7 5 5 6 5 6 40 28 59 29 49 35 28 658 54 6 1 0 1 19 4 5 6 32 10 14 40 72 6 7 5 35 2 4 3 25 27 35 29 243 w ....... <0 -l~ # !n the morning (during permitted hours) outside the specified area # In the morning after 9 AM in the specified areaf1 0-am April on # !n the morning after 9 AM in the unspecified area /1 0-am April on #In the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued #of violations noted but not issued -no identification -leave site ions w 00 0 ...... --CITY OF MIAMI BEACH __ .. 1 G OFF-LEASH AREA# 1 -APPRO X 18,000 SF D OFF-LEASH AREA# 2-APPROX. 34,00C SF OFF-LEASH AREA# 3-APPROX 18,000 SF ~~ F j~/J' SOUTH POINTE PARK PROPOSED CONCEPTUAL OFF-LEASH SITE PLAN CITY OF MIAMI BEACH, FLORIDA Exhibit B-1 w 00 ~ PROPOSED HEDGE MATERIAL: I LEX vomftoria 'NANA SCHILLINGS' SOUTH POINTE PARK PROPOSED CONCEPTUAL OFF-LEASH PLAN CITY OF MIAMI BEACH, FLORIDA SOUTH POINTE PARK IMPROVEMENTS CITY OF MIAMI BEACrt FLORIDA -1'1!1.£-~Piol-·Siot'->Aio[,... --:L~\21 ! Scale: A!;: NOTED Lm----- w 00 f\) --CITY Of MIAMI BEACH -.pip,, JV'7;¥V"Jt<J!':c¥<;; ,),W)Qf:j~~j~ffi~J~;mwj~i}~~ SOUTH POINTE PARK OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN CITY OF MIAMI BEACH, FlORIDA Exhibit B-2 LA·D1 Simla: sa w 00 w E>'JSTJ!tG Off .J:..EASit MEA At"!'ROX. M.ll!l!ISF WID! PROFOSED 51ll t.F HEOOiE SOUTH POINTE PARK OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN CITY OF MIAMI BEACH, FLORIDA Exhibit B-2 3 GAL PLANT MA1ERAIL1T-16" FULIL IN POTS OR 7 GAL PLANT MAlERAIL 24"-28" FULUN POTS 2fl CUBIC YARDS RECYCLEE> ROUND WOOD IIULCH COLOR: PillE BARK BROWN DRI' IRRIGATION FORESTA!II...ISHEMTENT AND EXTREME PERIODS OF DROUGHT South Pointe Park Dog Off Leash Hedge Estimate QTY DEMOLITION & SITE PREP SOD REMOVAL 3000 PLANTING SOIL-Amendments at 18-inch depth 300 PLANTING I lex Vomitoria 'Schilling's Dwarf: provide and install-7 gallon pots, 24"-28Z" full in pots, 30-inch on center, double staggered rows 498 Mulch -3-inch depth 37 Replacement sod IRRIGATION IRRIGATION SYSTEM -MODIFIED DRIP 1 SUBTOTAL CONTINGENCY 10% DESIGN REVIEW BOARD PROCESS (ESTIMATED) TOTAL BASE DESIGN Page 1 384 PARKS RECREATION DEPARTMENT SOUTH POINTE PARK DOG PARK UNIT UNIT PRIG'"' I o-rr: .. TOTAL SUBTOTAL SF $1.00 $3,000.00 CY $30.00 $9,000.00 $12,000.00 SF $60.00 $29,880.00 CY $40.00 $1,480.00 $31,360.00 LS $5,000.00 $5,000.00 $5,000.00 $48,360.00 $4,836.00 $1,000.00 $54,196.00 Off Leash Hedge Estimate_SPP _1 0-30-12