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Ord No 08-12-2124ORDINANCE NO. 08 -12 -2124 An Ordinance amending Section 20 -8.9 of the Land Development Code titled Special Exceptions within the T.O.D.D. district, in order to, among other things, include the following. 0 a definition of special exception and Large Scale Development; provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual maintenance; and providing for the expiration and extension of approvals. WHEREAS, it is the desire of the Administration to provide a more defined procedure for the review and approval of Large Scale Developments within the City's Transit Oriented Development District (T.O.D.D.); and WHEREAS, the Planning & Zoning Department added additional criteria for what constitutes a Large Scale Development to include the square footage of the proposed structure; and WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed amendment including the changes recommended by the Board, and recommending that the City Commission adopt the proposed amendments; and WHEREAS, on March 20, 2012 the City Commission approved Resolution No. 67 -12- 13624 by a vote of 4 ayes, 1 nay, to send a revised version of the proposed Ordinance back to the Planning Board for review and recommendation; and WHEREAS, the Planning Board at their April 24, 2012 meeting and following a public hearing, recommended that the revised Ordinance be forwarded to the City Commission for approval by a vote of 4 ayes, 1 nay; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and City Administration and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. That section 20 -8.9 titled "Special Exceptions" is hereby amended as follows: Section 20 -8.9 Special exceptions. A) A Special Exception as used in the T.O.D.D. shall mean a permitted use that complies with all the conditions and standards for the district as well as those set forth below. For those existing uses in this district, any alterations or additions to those buildings that result in the building being designated as a Large Scale Development , shall conform to be in conformance with the provisions of this Page 1 of 8 Ord. No. 08 -12 -2124 ordinance, h� r . Eexisting heights of existing buildings and existing floors may remain in their current condition; however, at eurfent eigl -As era additional floors, if authorized, may be added above in accordance with this ordinance. Existing gas station linen may be perrniaed to have o onetime alteration to uii nl��iv v vv (B) Any site that is in excess of forty thousand (40,000) square feet or any development as defined in section 380.04, Florida Statutes (hereinafter referred to as "Development "), in excess of four stories shall qualif 7 fe be designated as a Llarge Sscale Ddevelopment use and , ust , it shall be reviewed by the Planning Board vi the spee;nl use permit preeess. and it shall require approval by the City Commission. The square footage of an alteration or addition to an existing site and the square footage of the existing site that is being altered or to which an addition is being_ proposed shall be included in the computation of the size of the Development project in order to determine if it is a Large Scale Development. 21 For the purpose of this section 20 -8.9, substantial completion shall mean the stage in the progress of the project where the work on the project or designated portion of an approved phased project is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the project, or designated portion of an approved phased project, for its intended use, or the project has received either a temporary certificate of occupancy or a certificate of occupancy. In order to be an "approved phased project" the Owner must obtain City Commission approval for the phases of the project. -23. Any property to be developed designated as under a Llarge - Sscale Ddevelopment progr and all under- singe owner-ship may have residential uses on the first floor;; however, they- residential uses are not permitted on the first floor within that portion of the building or development fronting on the front er main street. The phrase "main street" means the thoroughfare that abuts the property line of the building or development and which has the most traffic, as compared to anv other street that abuts the property. (C) General Requirements. A Large Scale Development shall be approved and permitted by the City Commission at a public hearing, after the planning board makes its recommendation, provided that such use is specifically listed as a permitted use in the appropriate district column in the Permitted Use Schedule of the Land Development Code (section 20 -3.31), as may be amended), and that such use complies with the following general requirements and any other requirements that the City Commission may consider appropriate and necessary. Page 2 of 8 Ord. No. 08 -12 -2124 1. All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission, 2. All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. 3. The City Ccommission shall to determine the overall compatibility of the development with the existing or planned surrounding uses. 4. If during the review process it is determined that the development, as proposed, will potentially cause adverse impact, the Planning Department shall recommend remedial measures to eliminate or reduce, to the extent possible, these impacts. Development projects that are recommended for remedial measures will not be required to submit a new application unless it is determined by the Department that additional changes which would have the effect of increasing densities, square footage or altering the height or use of a Development have been made. Remedial measures may include, but are not be limited to: i. Additional screening or buffering; ii. Additional landscaping= iii. Building orientation; iv. Relocation not adversely of proposed affect open space, or alteration of the use health or safety of persons residing or of such space; v. Pedestrian and bicycle safety and access; vi. Changes to ingress and egress; vii. Addressing traffic flow to and from the development to avoid intrusion on local streets in nearby single family residential areas; or viii. Improvement of the streets adjacent to the project, if applicable. (D) Project Approval. (a) Required Conditions. Prior to approving a Large Scale Development the City Commission must find that the development meets the requirements set forth in subsection (C) above and that it: Page 3 of 8 1. Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; Page 3 of 8 Ord. No. 0842 -2124 2. Will not be detrimental to the public welfare, property or improvements in the neighborhood; and 3. Complies with all other applicable Code provisions. (b) Additional Conditions. The City Commission may designate such additional requirements in connection with the approval of a Large Scale Development as will, in its opinion, assure that such development will conform to the foregoing requirements. (E) Reapplication for Development Review. No reapplication for a Large Scale Development review under section 20 -8.9 shall be accepted by the City within six (6) months of the date of final disapproval by the City Commission of a previous application involving the same or substantially the same project, unless evidence is submitted and accepted by the City Commission which justifies such reconsideration (C-)M No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000) square feet, except residential uses. (B) (G) Within the MU -5 subcategory, the maximum height of new buildings or existing building with additions shall be rest to limited to a maximum of four (4) stories, as permitted, ^M up to eight (8) staries as permitted with b, ntfs, but it no eaPe unless the development earns a bonus as set forth in section 20- 8.10. However, in no event shall a development exceed eight (8) stories, as permitted with bonus, nor shall it exceed one hundred (100) feet. (F) H Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one (1) of the first two (2) of the following conditions nut shall be met: 1. If the distance from the exterior wall to the property line is less than five (5) feet, the applicant must show evil °r ^° provide the Planning Department with a copy of a maintenance easements applicable to the adjacent o property ; or 2. The structure shall be built on the property line and the owner shall give an attachment easement to the adjacent property owner(s) . Page 4 of 8 AM AV an UP Mrjrmgl .. (F) H Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one (1) of the first two (2) of the following conditions nut shall be met: 1. If the distance from the exterior wall to the property line is less than five (5) feet, the applicant must show evil °r ^° provide the Planning Department with a copy of a maintenance easements applicable to the adjacent o property ; or 2. The structure shall be built on the property line and the owner shall give an attachment easement to the adjacent property owner(s) . Page 4 of 8 Ord. No. 0842 -2124 3. In no instance shall a roof overhang extend beyond the property line, except in the front of the building. (I) The rg anting of a special exception shall be conditioned on the Applicant signing an agreement with the City, in a form acceptable to the City, which shall include all of the conditions required for the granting of the special exception ( "Development Agreement "). The Development Agreement, after it has been drafted by the City Attorney shall be subject to approval by the City Commission. A separate agreement or covenant ( "Covenant ") that provides for maintenance of common elements and any other condition specified as a prerequisite to approval of the special exception ( "Maintenance Covenants ") shall be signed by the owner of the property in question. The Maintenance Covenant shall be treated as a covenant running `with and binding the land upon which the Development is situated and it shall be recorded in the land records of Miami -Dade County and, at the option of the City and if allowed by law, the Maintenance Covenant may be re- recorded when necessary or required to maintain, uninterrupted, the effectiveness of the covenant running with the land. The Covenant shall provide that the owner and his /her /its grantees, heirs, successors and assigns ( "Owner ") shall comply with the Maintenance Covenants at the Owner's expense and without any cost to the City. (1) In the event that any special exception condition includes the development of any common areas ( "Common Areas "), the Maintenance Covenant shall include the following provisions: (a) the Common Areas shall continue in existence, as part of the structure and those Common Areas shall be operated and maintained at the expense of the Owner of the property so long as the Development continues to exist, in whole or in part; (b) the operation and maintenance of the Common Areas shall include a provision for landscaping in accordance with an approved site and development plan approved by the City Commission and the Environmental Review and Preservation Board or as amended from time to time with approval of the City Commission, the maintenance of the landscape as well as other maintenance services and private security protection of the Common Areas; (c) the Owner shall continue, operate and maintain the Common Areas in such a manner as to keep such areas in good order, clean attractive, fully functional (subject to interruption for maintenance repair, restoration and renovation) and, eg nerally, so as not to create a nuisance to owners, occupants and users of the adjacent land and surrounding areas and to the general public. (2) The Maintenance Covenant shall define the phrase "continue, operate and maintain" as it applies to landscaping, to include, but not limit it to, the following activities: (a) the monitoring of the landscape areas by a recognized landscape expert acceptable to the City, and the preparation of reports Page 5 of 8 Ord. No. 08 -12 -2124 by such expert certifying that the landscaping is in compliance or is not in compliance with the approved Landscape Plan and all provisions included in such plan pertaining to pruning, fertilizing and general maintenance, the reports shall be prepared annually (b) the replacing of plants, trees, shrubs or the like, at the Owner's sole expense, as determined by the landscape expert to be necessary in order for the landscaping to perpetually be in compliance with the Landscape Plan. c) In the event that the Citv disagrees with the opinion of the landscape expert hired by the Owner, the City shall have the right to hire its own landscape expert whose decision shall be final. If the City's expert agrees with the expert hired by the Owner, the City shall pay the cost of its own expert, otherwise, the Owner shall pay the cost of the City's expert. (3) The Development Agreement and the Maintenance Covenant shall contain the following provision: (a) In the event the Owner breaches its agreement ( "a Default ") and fails to cure the default within thirty (30) days ( "the Cure Period" )after receiving written notice of the default or fails to use all due diligence in commencing the cure and in proceeding to effectuate the cure. If the Owner is unable to timely cure the default after receiving written notice the Owner may request an extension of time from the City Commission which shall be granted ( "Extended Cure Period ") upon presentation of substantial competent evidence establishing the Owner's good faith and due diligence, justifiable reasons for the delay and the amount of time needed to cure the default. In the event that the Owner fails to cure the default within the Cure Period or within the Extended Cure Period whichever is Greater, a fine shall be assessed against the owner in the amount of $150, or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in default thereafter. (b) In the event that a fine is assessed against the Owner, or the City incurs any expense towards curing the default, the City shall have the right to file a lien, or a continuing special assessment lien, as may be applicable, against the property and file a lien foreclose action for the full amount of money incurred by the City for said expense as well as for any fine that has been assessed. The City's lien shall be perfected upon being recorded in the land records in Miami -Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad UUMM61, Ord. No. 0842 -2124 valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the land in question, unless in conflict with state statutes or Miami -Dade County code. (c) The City shall have the right to proceed against the Owner to collect the above - described costs and expenses without resorting to a lien and /or lien foreclosure. The City's remedies shall include all those available in law or in equity, including injunctive relief. The exercise of one available remedy shall not be deemed a waiver of any other available remedy. (d) Invalidation of any of the covenants identified in this section 20- 8.9, by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. In the event of a violation of the Development Agreement or the Maintenance Covenant, in addition to My other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and refuse to make any inspections or rag_ nt any approval, until such time as the declaration of restrictive covenants in lieu of unity of title are complied with. All rights, remedies and privileges granted pursuant to the Development Agreement and /or Maintenance Covenant shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (J) Development Agreements, as well as all amendments and revocations thereto, shall comply with ss. 163.3220- 163.3243, Florida Statutes, as amended by the Florida Legislature. (K)This ordinance shall apply to all projects that commence the plan review process with the City's Planning and Zoning Department on or after May 16, 2012, Section 2. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this ATTEST: 5 thday of June , 20120 1st Reading: _ 5/15/12 2nd Reading: 6/5/12 APPROVED: Page 7 of 8 Ord. No. 0842 -2124 110 WER ;ROVED AS TO FORM: COMMISSION VOTE: 5 -0 LEGALITY Mayor Stoddard: Yea THEREOF Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea 14 EY Commissioner Welsh: Yea City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action js broadly described to include the ranking and selection ofprofessional consultants, and virtually all- legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37PM Pledge of Allegiance was recited in unison II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mrs. Beckman, Mr. Cruz (Vice - Chairman), Mr. Dundorf, Dr. Philips and Mr. Vitalini Board Member absent: Dr. Hauri City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner). City Attorney: Mr. Thomas Pepe. III. Administrative Matters There are none at this time. IV. Public Hearings PB42 -014 Applicant: City of South Miami A proposed Ordinance amending Section 20 -8.9 of the Land Development Code titled Special Exceptions within the T.O.D.D. district, in order to, among other things, include the following: a definition of special exception and Large Scale Development, provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual C:\ Users\ cbrimo .CSMI \AppData \Local\Microsoft \Windows \Temporary Internet Piles\ Content .Outlook \NM7'AODPRfEBPUf3 Regular Meeting Minutes - 04 -24 -12 Excerpt.doc Mr. Cruz read the item into the record. Mr. Brimo presented the item to the Board. Dr. Whitman stated that this item came before the City Commission in a different form at its last meeting. Mr. Pepe stated that the portion regarding a deconstruction bond was removed from the ordinance. Mr. Cruz asked if ordinances are presented to the Commission in the form that is approved by the Planning Board. Mr. Brimo stated yes but then added that the City Commission has the ability to amend ordinances. Mr. Brimo then added that the ordinance for this item was presented to the Commission in its original state. However, one of the city commissioners added a replacement page to the item. Dr. Whitman asked if the change was made between the first and second reading of the item, of which Mr. Pepe stated the addendum was made at the first reading of the ordinance. The Chairman Opened the Public Hearing. The Chairman Closed the Public Hearing, Mr. Dundorf asked staff about the maintenance covenant and how it varies between municipalities. Mr. Brimo responded that maintenance covenants are typically a part of development agreements and not as part of the code regulations. Dr. Whitman stated that ordinance references public hearings in two separate parts of 20- 8.9(C) of the ordinance. He then asked if this was redundant. The Planning Board took a five minute break. Motion: Dr. Whitman motioned to amend 204.9(C) (3) so that it reads "The City Commission shall determine the overall compatibility of the development with the existing or planned and surrounding uses. This motion was seconded by Mr. Cruz, Vote: Approved: S Opposed: 0 Mrs. Beckman: Yes Mr. Cruz: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Dr. Philips: Yes Dr. Philips stated -that the wording of Section H is confusing. Mr. Brimo stated that he understands that it is confusing but it is existing language. Motion: Mr. Cruz motioned to approve the proposal with the exception of the amendment. This motion was seconded by Mrs. Beckman, C:\ Users \cbrimo.CSMI\AppData\ Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook\NMTAODPPfCB2DOft3 Regular Meeting Minutes - 04 -24 -12 Excerpt.doc Vote: Approved: 4 Opposed: 1 Mrs. Beckman: Yes Mr. Whitman: Yes Dr. Philips: Yes Mr. Cruz: Yes Mr. Dundorf No V. Approval of Minutes: Planning Board Minutes of April 10, 2012 — The Board members reviewed the minutes and were in favor of approval of the minutes with no changes. Motion: Dr. Philips motioned for approval of the minutes as presented. This motion was seconded by Mr. Cruz. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Mr. Whitman: Yes Mr. Dundorf: Yes Dr. Philips: Yes Mr. Cruz: Yes VI. Future Meeting Dates: Tuesday, May 8, 2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 10:35 PM, C:\Users\cbrimo.CSMI\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook \NMTAODPWd3J)03 Regular Meeting Minutes - 04 -24 -12 Excerpt.doc RESOLUTIONNO.., 67. 12 -13624 A Resolution to present to the Planning Board a proposal to substantially amend Section 20 -8:9 of the Land Development Code titled Special Exceptions within the T.O.D.D. district, in order to, among other things, include the following: a definition of special exception and Large Scale Development; provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual maintenance; and providing for the expiration and extension of approvals, WHEREAS, it is the desire of the Administration to provide definitions and a more specific procedure for the review and approval of Large Scale Developments within the City's Transit Oriented Development District (T.O.D.D.); and WHEREAS, the Planning Board at its November 8, 2011 regular meeting: after public hearing, desired to include a perpetual maintenance provision and it adopted a motion by a vote of 7 ayes 0 nays recommending approval of' substantially all of the amended ordinance that is now being proposed; and WHEREAS, the City Commission at its March 6, 2012, meeting addressed a more comprehensive change than that which is now being proposed and desires to send the revised and. more limited amendment back to the; Planning Board for review, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section.L"The City Manager is directed to present to the Planning Board the following proposed amendment to section 20 -8.9 titled "Special Exceptions 20 -8.9 Special exceptions. those existing uses in this district, any alterations or :additions: to those buildings that result .iri twe build #n boin , de it't hated' a Lar e Scale l�e�+b1fthl ;nit='; shall conform to b6 in eenfenn"anee with the provisions of this ordinance; Irewaver;. Eexisting heights of existing buildings and existing floors may remain in their current condition: however: at current heights and additional floors; if authorized, may be added above in accordance with this ordinance. (B) Any site that is in excess of forty thousand (40,000) square feet in excess of four stories shall quali6c fe be designated as a Marge Sscale Ddevelopment use -and - rust -, it shall be reviewed by the Planning Board Res. No.: 67 -12- 13629 2 3. Any property te- be- develep designated as under -a Uarge. - Sseale !!development pregram AAa All 1414APQ p may have residential uses on the first floor; however, they- residential uses are not permitted on the first floor within that portion of the building or development fronting on the fient er *:* ;2,...All_ such ..uses must _be_ofa. compatible and complementary nature with Page 2 of 6 Res. No..67 -12 -13629 3 Development have been made.. Remedial measures may include, but are not be limited to:. i. Additional screening or buffering; the ii. Additional landscaping, iii. Building orientation, except residential uses. iv. Relocation of proposed open space, or alteration of the use of such space• v. Pedestrian and bicycle safety and access: vi. Changes to ingress and egress: Al. Addressing; traffic flow to and from the. development to avoid n.-on. Joeat .streets in nearby single family residential areas• or Ali. Improvement of the streets adjacent to the project, if applicable. (D Project Approval. 3. Complies with all other applicable Code provisions, (q F) No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000) square feet, except residential uses. ($) Q Within the MU -5 subcategory, the maximum height of new buildings or existin building with additions shall be res4ieted -te limited to a maximum of four (4) stories, as permitted, unless the development earns a bonus as set forth in section 20 -8.10. However, in no event shall a development exceed eight (8) stories, as permitted with bonus,_ nor shall it exceed one hundred (100) feet, IMUMUM Page 3 of 6 Res. N.o. 67- 12- 13624 0 (P} Where there is no minimum distance between adjacent buildings, nor a minimum building setback from 'a property line, one (1) of the first two (2) of the following conditions inti8 shall be met: `l. If the distance from the exterior wall to the property line is less than five (5) feet, the applicant must chew evidenee provide the Planning Department with a copy of a maintenance easement -frem applicable to the adjacent owner(s) pro a or 2: The structure shall be built off the property line and the owner shall give an attachment easement to the adjacent property owner(s). 3. In no instance shall a roof overhang extend beyond the property line; except in the front of the building.. without any cost to the City. (1) In i - that dri !'s etal �xcet�t�oti `cnztditYOrrittclitde the c evoIo menf: of any common areas "Common Areas"), the Maintenance Covenant shall include the following provisions: (a) the Common Areas shall property so long; as the Development continues: to exist, in whole or in and maintain the Common Areas in such a manner as to keep such areas in Page 4 of 6 4. Res. No. 67 -12 -13624 5 Landscape Plan. (c) Iri the event that the City disagrees with the opinion of fhe of the City's expert, (3) The Development Agreement and the Maintenance. Covenant shall contain the following_ provision: (a) In the event the Owner breaches its agreement ( "a Default "Land request an extension of time from the City Commission which shall be default. work or expense. The Citv's lien shall be perfected upon bein .recorded in the land records in Miami -Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and Page 5 of 6 Res "No. 6742 -13624 6. Section 2. Effective Date. This ordinance shall become effective upon enactment:: PASSED: AND ENACTED this 20 day of March, 2012. wAmy documents \resol.u.tions\resoluiion.I& amcnd ,20 -9 9 ordinanec.doc APPROVEDt MAY-1 COMMISSION VOTE: 44 Mayor Stoddard: Yea Vice Mayor Liebman: Nay Commissioner New. mdnti Yea Commissioner Harris: Yea Commissioner Welsh: Yea Page 6 .of 6 C] J Q LU W x a W H Pro O V v x E N Gi w N O N a Q z Z U) W N V M fv LAO Z J V co v W Z V�'a� WW W mnC wu Z'o C;> _C. 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Wwas i+ ' d0v N w dH 0 0 rn Nr � t9 F `t � V � -1 ON �C° o p UC4-tk U vw UA 010 d w y ab v MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - JUNE 512012 in the XXXX Court, was published in said newspaper in the issues of 05/18/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re rnn>sion or refund for the purpose of securin Is advertisemen for publication in the said Sworn to and subscribed before me this 18 day of MAY , A.D. 2012 (SEAL) MARIA MESA personally known to me irw F °c Notary public St�af Cheryl H- tvtarmor on V x Camri�fs &io 0073r{F °t 0 rrcay