Item Coversheet

OLD BUSINESS  3.

COMMITTEE MEMORANDUM

TO: Public Safety and Neighborhood Quality of Life Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: September 21, 2022


SUBJECT:DISCUSSION REGARDING CREATING A DOG PARK BETWEEN THE 5300 AND 5330 BLOCK OF COLLINS AVENUE.

HISTORY:

At its May 4, 2022 meeting, the City Commission approved a referral to the Public Safety and Quality of Life Committee to discuss creating a dog park between the 5300 and 5330 block of Collins Avenue.

 

The referral was brought forth by sponsoring Commissioner, Rosen-González, in response to constituent feedback about the need for a dog park on 53rd Street and Collins Avenue.  The closest park in the vicinity is at 67th Street and Harding Avenue, approximately 1.5 miles distance.  The next option identified is a portion of land between 5300 and 5330 Collins Avenue.  Attached is an aerial view picture, as well as the aerial view picture as depicted in the property appraisal website defining private and City property lines.

 

At its June 15, 2022 meeting, the Public Safety and Neighborhood Quality of Life Committee (PSNQL) members discussed the item.  Public Works staff commented that the land being proposed, is private property and falls outside City’s jurisdiction.  According to the Miami-Dade Property Appraiser, the subject land belongs to the adjacent property owners on the eastern side of Collins Avenue (Attachment B), La Costa Condo and The Amethyst Condo respectively. 

 

At the end of the discussion, a motion was made to have City staff reach out to the property owners of La Costa and Amethyst Condominiums to inquire whether they would be interested in converting this land into a park for public use. City staff has reached out to property owners and has yet to receive a response.

ANALYSIS

Public Works staff has meet with the City's legal counsel to discuss possible usage and limitations of the proposed private land.  It was stated that in order to develop a park on private property, the City would need legal rights/control over the private land.  This may be achieved through the purchase of the land, or pursuant to an easement, lease, use agreement or other agreement.

 

During the dog park operation, the City would need to adhere to the restrictions that would normally apply to a park (attached).  Pursuant to Section 7.01, of the County’s Code of Ordinances (attached), the public access to and views of the water shall not be obstructed or impaired by buildings or other structures or concessions which are in excess of 1,500 square feet each. 

 

Public Works also reached out to the City's Environmental and Sustainability Department for feedback.  They stated some concerns.  There is an area of the City that has chronically elevated fecal bacteria levels and when the source tracking was performed to identify the fecal gene biomarkers, it was determined to be from canine DNA.  The Environmental and Sustainability team are also working on identifying the source of the pollution.  Having a large amount of dog waste so close to Indian Creek is a concern due to runoff and the ability to enter the City's stormwater system if not properly disposed.

 

The seawall elevation was also researched, and it was determined that storm surge or tidal influences could also be an issue.  The average elevation of the seawall in this area is 2.0’ NAVD. This is well below the City's required elevation.   Additionally, during high tide season, especially king tide, there is great potential for overtopping. This could significantly pollute Indian Creek, which feeds into Biscayne Bay, if any mixing occurs.

 

In an effort to minimize the inconvenience to residents, the Sanitation Division of the Public Works Department has installed two doggie-bag dispensers; one just north of the 5330 Block property on City-controlled land, and another just south of the 5300 Block property, also on City-controlled land, to allow for the proper disposal of dog waste.  Photos are provided as in attachment to this memo.

CONCLUSION:

At this time, the Administration does not recommend creating a dog park between the 5300 and 5330 Blocks of Collins Avenue based on the following:

 

  • The City does not own or have control over the proposed parcels of land
  • The owners of the proposed parcels of land have not responded to the City's inquiries about activating the land for the purposes of creating a public dog park
  • Environmental concerns regarding the strong likelihood of contributing to the increase in the fecal bacterial levels within the adjacent waterbody due to dog waste runoff

 

To mitigate the inconvenience to residents in the area, two doggie bag dispensers have been installed for their convenience, one just north of the 5330 Block property, and another just south of the 5300 Block property.


Applicable Area

Middle Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
ATTACHMENTS:
DescriptionType
County Ordinance- ARTICLE 7. PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDSOther
Arial_View_Proposed_Enclosed_Dog_Park_between_5330_and_5300_Collins_AveOther
Commission Referral -Create dog park between 5300 and 5330 Collins AveOther
Proposed park locations-property appraisal picsOther
Doggie Dispensers 5100-5300 Blocks on Collins AveOther